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JOURNAL

THE SENATE

OF THE

COMMONWEALTH OF KENTUCKY,

the commonwealth, the fifty sixth.

FKANKFORT, KY.

A. G. HODGES, STATE PRINREH.

1847.

LAi

r\ h w*

JOURNAL OF THE SENATE.

At a General Assembly, begun and held for the State of Kentucky, at
the Capitol, in the town of Frankfort, on Friday the 31st day of December,
one thousand eight hundred and forty seven, it being the day appointed by
law for the meeting of the General Assembly, the following members of the
Senate appeared and took their seats, to-wit:

From the first Senatorial District, Thomas James; from the second, Wil¬
liam Bradley; from the third, Ben. Edwards Grey; from the fourth, James
V. Walker; from the fifth, John G. Holloway; from the seventh, B. Mills
Crenshaw ;' from the eighth, William N. Marshall; from the ninth, Ambrose .
S. Bramlette; from the tenth, Parker C. Hardin: from the eleventh, Robert
A. Patterson; from the twelfth, Charles Hambleton; from the thirteenth,
Wdlliam C. McNary; from the fourteenth, John L. Helm; tiom the six¬
teenth, Samuel S. English; from the seventeenth, John W. Russell; from the
nineteenth, George C. Thurman ; from the twenty first, James Brien; from
the twenty second. Fountain T. Fox; from the twenty fourth, James S.
Henderson; from the twenty fifth, James R. Hawkins; from the twenty
sixth, John J. Thomas; from the twenty seventh, George W. Williams;
from the twenty eighth, Samuel F. Swope ; from the twenty ninth, William
K. Wall; from the thirtieth, Stilwell Heady; from the thirty first, Robert
S. Todd;'from the thirty second, David Thornton ; from the thirty third,
Samuel M. Taylor; from the thirty fourth, James M.Rice; from the thirty
fifth, Wilson P. Boyd; from the thirty sixth, John F. McMillan ; from the
thirty seventh, Thomas I. Young; from the thirty eighth, Alexander White.

The said Ben. Edwards Grey, Charles Hambleton, Samuel S. English,
Wilson P. Boyd, John F. McMillan, Thomas I. Young, and Alexander
White, severally produced certificates of their election, and took the oaths
required by the Constitution of the United States, and the Constitution of

this State.

The Lieutenant Governor and Speaker of Senate being absent, Mr. Hen¬
derson nominated Mr. Robert A. Patterson as a proper person to fill the
office of Speaker of the Senate for the occasion.

There being no other person put in nomination to fill said office, Mr. I at-
terson was declared unanimously elected Speaker of the Senate for the oc¬
casion.

JOURNAL OF THE SENATE.

[Jan. 1.

Theodore Ivohlhass was unanimously elected Clerk of the Senate during
the present session. Whereupon he took the several oaths required by the
Constitution of the United States, and the Constitution and Laws of this

Thomas D. Tilford was -unanimously elected Assistant Clerk of the Sen¬
ate during the present session. Whereupon he took the several oaths requir¬
ed by the Constitution of- the United States, and the Constitution and Laws

ot this State. . r .» Q/s-r.

John D McClure was unanimously elected Sergeant-at-Arms of the

ate durincr the present session. Whereupon he took the several oaths re¬
quired by the Constitution of the United States, and the Constitution and

Laws of this State. f f

Beniamin Selby was unanimously elected Doorkeeper of the Senate du¬
ring the present session. Whereupon he took the several oaths required by
the & Constilution of the United States, and the Constitution and Laws of

this State.

On the motion of Mr. Helm, .

* Resolved That a commitlee of three members of the Senate be appoint¬
ed to" fmn, the House n( Representative, that the Senate . now organized,
and ready to proceed to legislative business.

And Messrs. Helm, Grey and Young were appointed a committee pursu¬
ant to said resolution. '

■ Mr G Clayton Slaughter, a member of the Senate from the eighteenth
Senatorial District, appeared, produced a certificate of his election and hav¬
ing taken the several oaths required by the Constitution of the United States,
and Constitution of this State, took his seat.

And then the Senate adjourned.

SATURDAY, JANUARY 1, 1848.

A message was received from the House of Representatives, by Mr. L.
Combs, announcing that they had met and organized, and are now ready to
nroceed to legislative business, and had appointed a committee on their part
to wait upon the Governor and inform him that the General Assembly have
convened, and are now ready to receive any communication he may think

proper to make.

Jan. 1.] JOURNAL OP THE SENATE. 5

Mr. Helm moved the following resolution, which was unanimously adop-

That a - gfelL fg

^gislatmeTnoworgani-led, and 'r^ady to receive any commumcat.on he
Helm, Rice and Williams were appointed a committee pur-

SU ^he , ^ommiUe < eon°the part of the Senate retired, and after a short time
returned when Mr. Helm reported that the joint committee had pe. formed
he u y assigned them, and were informed by the Governor that he would
Ike /communication in writing, to each House, ,n ten rmnutes

1 Mr. Helm presented the petition of Benjamin All, who stands indicted
in the Jefferson Circuit Court, for passing counterfeit money, prajing o

Mr.^yd^presented the petition of sundry citizens of Fleming coum
tv praying for the passage of a law authorizing the County Court of said
coumv m make adequate provision for the support of Mary Terhoune, a pool

Tm:^

the Christian church, at Stanford, praying for the passage of a law incorpo-

"T llfHardin^resented the petition of Rice Maxey, of Clinton county
praying for the. passage of alaw allowing him to import certain slaves into

th \Vhich petition^ we^e severally received and referred-the 1st to the com¬
mittee on the Judiciary ; the 2d and 4th to the committee on Propositions

and Grievances, and the 3d to the committee on Religion.

A message in writing, was received from the Governor, by Mr. Reed,
Secretary of State, which was read as follows, to-wit.

Gentlemen of the Senate,

and House of Representatives :

The revolution of a year has brought us to the commencement of anoth¬
er session of the General Assembly. The circumstances under which you
have assembled are eminently calculated to inspire us all with feelings of
profound gratitude and thanks to the Supreme Ruler ol the Universe for his
countless blessings. Though the country is still afflicted with an unhappy
r“ign nation, the affairs of our State have experienced no urn
favorable change since the adjournment of the last General Assembly,
are at present,°in a highly flattering condition. Our people are not on y
the'enioymerit of health, but our State, in all its parts, abounds with most of
the comforts and all the necessaries of life, and never, since came in o o

d tr T - j afeitfc y; f

r -_. ... -1-.*»/.«W!*jdwfrUZSTM7+3-fcf ;3««®5*>;r* 1 ; !

JOURNAL OF THE SENATE.

[Jan. 1.

fice, has there been a time when the fiscal concerns of the Commonwealth

presented a brighter aspect than at present.

The means of the State have enabled those with whom payment was in¬
trusted, to discharge promptly all demands which came against the State, in
the fiscal year ending on the 10th of October last, and the means will be am¬
ple to meet all demands which may come against the State in the year end¬
ing the 10th of October, 1S48. .

After paying all demands that came against the Treasury, there remained
$19,269 23 in it, on the 10th of October, 1S47; and from an estimate mate
by the Second Auditor, there will probably remain in the Treasury, on tie
10th of October, 1848, the amount of $19,048 90, after paying all demands

which may come against it up to that time.

Including $20,503 which remained in the Treasury on the 10th of Octo¬
ber, 1S46, the receipts of the Treasury, for the year ending the 10th of Octo-
ber, 1S47, amounted to $419,143 46; and there was paid out, in the same
year, $399,847 23.

The estimated receipts of the Treasury, for the fiscal year ending the 10th
of October, 1S48, including $19,269 23, which remained in it on the 10th
of October, 1847, amount to $407,621 93; and it is supposed that the de¬
mands upon the Treasury, for the same year, will amount to $38b,o/3 0.5.

For more detailed information upon these subjects, I refer you to the Fust
and Second Auditor’s and Treasurer’s reports, which will be laid before you.

The revenue which was payable in the last fiscal year, has been accounted
for with commendable promptness. With the exception of about $18 80,
the entire amount was paid by the collectors into the Treasury before the

10th of October last. .

Taxable property has also been listed by the Commissioners appointed ioi
that purpose the present year, with more benefit to the State than has been
done in years past. The amount of tax on property listed the present year,
exceeds the amount on property listed the year preceding, a fraction above
four per cent. It is apparent, however, from an inspection of the books re¬
turned by the Commissioners to the Second Auditor, that a part ol them have
failed, most palpably, to fulfil the duties enjoined by law upon every Com¬
missioner. This is an evil affecting the interest of the entire community,
and addresses itself emphatically to the attention of the General Assembly.

In giving the present condition of the public debt, I need not go back fur¬
ther than the beginning of the last General Assembly. I should tail were I
to attempt to present a more perfect analysis of the debt outstanding against
the State at that time, than is contained in the message which I then com¬
municated to the Legislature. The funded debt was stated, at that time, to
amount to $4,596,026. Besides $426 of Internal Improvement Scrip which
was then payable, a portion of that debt consisted of $49,600 of six years
bonds, which were and have since become payable, $84,000 of Railroad

1 .

JOURNAL OF THE SENATE.

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Jan. 1.]

bonds which will become payable in 1S48 and 1849; and in a still greater
amount of five per cent, bonds which will not become payable for several
years to come.

With a view to provide means to extinguish these several liabilities on
terms acceptable to the creditors, and terms advantageous to the State, au¬
thority was given to the Governor and Commissioners of the Sinking Fund
to issue and sell other bonds of the State. Acting under that authority, it
was deemed advisable, by the Commissioners, that a sale should be made;
and in conformity with their advice, as Governor, I have issued and sold six
per cent, bonds to the amount of $61,000. The bonds were made payable
thirty years after date, but redeemable at the pleasure of the State, any time
after fifteen years from their date.

The sales were made on such terms as realized to the State the par value
of the bonds. The amount of sales was placed in the Treasury to the cred¬
it of the Commissioners of the Sinking Fund. With the means thus ob¬
tained, and others belonging to the Sinking Fund, and not needed to pay in¬
terest, the Commissioners in the course of the present year paid:

5 per cent, bonds, ... - - $21,000 00

6 per cent. 6 years bonds, - 26,800 00

6 per cent. (Railroad) bonds, - 3,000 00

Internal Improvement Scrip, - - - - 40 14

Total amount of payments, - $50,840 1 4

This amount of payments deducted from the amount ($61,000) of bonds
sold, leave $10,159 86; which, added to $4,596,026, the aggregate amount
of debt outstanding at the date of my last annual message, makes the pre¬
sent funded debt of the State amount to $4,606,1S5 86.

Thus it will be perceived that the funded debt of the State has been in-
creased the present year, above what it was at the commencement of the
last General Assembly the amount of $ 10,159 86. But there remains af¬
ter the payment of all interest whieh has accrued and which may accrue up
to the first Monday in January, 1848, an unexpended balance of the means
of the Sinking Fund greatly more than sufficient to cover the increase of the
State debt, and which would have been applied to the reduction of that
debt had not the Commissioners been prevented from so applying it by the
failure of holders to present their bonds for payment.

Desirous to extinguish as soon as possible all the six years bonds which
had become payable, as required by the 6th section of the act of Assembly,
approved 23d of February, 1846,1 issued and had published a proclama¬
tion, notifying the holders of such bonds, that the Government would, on
the first Monday in August, 1847, at the Treasury, make payment and re¬
deem all of said six year bonds, and that not more than four per cent, per
annum interest would be thereafter paid on bonds not presented for pay-

JOURNAL OF THE SENATE.

[Jan. 1.

ment on that day. The effect upon the bond holders was not such as I had
hoped nor such as was doubtless anticipated by the passage of the act The
bon ’we e not all presented on the day designated, nor have they ye been
all presented. There still remain outstanding $ 22,800 of those bonds; so
It under the law as now in force, the State is burthened with our per
cent interest upon bonds due and payable, and which the State has long
been readv to redeem, but which has been prevented by the failure °i bond
holders to' present them for payment, though notified to do so. 1 his un-
L to the State and should not longer be tolerated. I therefore recommend
Ihe repeal of that clause of the act which subjects the State to payment of

f0 Fu P nL C haveTeen S transmitted to the City of New York adequate to the
payment of the instalment of interest which becomes payable at that plac
on the first Monday in January, 1848. After the payment of that instal¬
ment and after the payment of all other demands for interest or otherwise,
which in the present year came against the Sinking Fund, there remained m
the Treasury on the first of December, 1847, subject to the order of the
Commissioners of the Sinking Fund, an unapplied residue of $40,599 S4
Including this sum, I am happy to assure you, that if not wilhdiawn and
apphed to other objects, the means of the fund will be more tnan sufficient
to pay all the outstanding six years and railroad bonds, which may be paya¬
ble the coming year, amounting to $69,800 00. . f

It is estimated that there will in the present fiscal year, ^ received from
all sources by the Sinking Fund, $326,600, which, when adoed to $40,-
599 84 in the Treasury, as already stated, makes an aggregate amount of

$3 ffic!ud 9 mg 4 the instalment of interest which will become payable on the 1st
Monday in January, 1849, there will be required hi thei same year to mee
liabilities for interest and contingent expenses, $264,250. 1 his latter

« M— from fhe former, lee.ee .0 be oppl.ed .0 £

payment of interest and contingent expenses, the sum of $102,949 84.
This amount will of course be applied to the reduction of the public debt
in such manner as is before indicated, and by the purchase, if possible, ol

other bonds of the State. , r ,

An estimate more in detail, of the resources and demands upon the fund
for the coming year will accompany the report of the Commissioners, and
belaid before you, and to which you are referred for more full information
It is I think, not at all probable, that any item of the supposed receipts of
the coming year will fall below the estimates. The receipts derivable fiom
turnpike roads and the river navigations, hang upon more uncertain con-
Lencies than those derivable from other sources, and we have no good
reason to apprehend that less than the amount estimated will be received

from either.

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Jan. 1.]

JOURNAL OF THE SENATE.

The receipts from the Kentucky River Navigation, which had, each pre¬
ceding year, been increasing, have, in the fiscal year ending the 10th of
October last, experienced a further increase, and will hkely continue to in¬
crease the present fiscal year. The gross receipts from that navigation in
the last fiscal year, exceeded the gross receipts of the year ending the 10th
of October, 1846, the amount of $7,836 66. After deducting al expenses,
swelled, as I understand they were, by the unusual need of repairs on the
public works, beyond what will probably be needed in the present fiscal
year, there was received in the year ending the 10 th of October last, by the
Treasury, from that Navigation, for the use of the Sinking f und, $29 -
070 30* The receipts of the preceding year, from the same souice, afte

deductins expenses, amounted to $29,173 oS. . ,

Th ,ross receipts from the Green and Barren River Navigation have
,1,„, in°the fiscal year ending .he lO.h of October, 1847 «,c.«l. t>»
ceipt, of the preceding year, *6S2 87. In the year endmg 10th Octo¬
ber ILt, after deducting ..hat was received in that year for prev.oas years
amounted to *9,400. The gross receipts of the precedtng ye.t .mourned

to about $8,727 13. The expenses of the year ending the 1
tatted the amount of receipts, bu, t. is I understand, not pro a-
ble that the expenses will be so great in future, and we have reason to be¬
lieve that not less than the amount estimated will be realized fiom tha
ination by the Sinking Fund in the present year. I refer you, foi moie ful
information as to the°river navigation, to the report of the Board of Inter-

M The r”Iiptefr°m the Turnpike roads, for the fiscal year ending the 10th
of October last, exceeded the receipts of the preceding year, and as I have
said we have no reason to anticipate a decrease in the present year

Nor will the demands on the Sinking Fund, I feel sure, exceed the es ^
mates. More than $264,000 cannot be needed to pay interest, and
•u l! ™ntinrrpnt exDenses A larger amount was needed the last

will cover ah contingent expenses, a g kl f lhnqp

fiscal year to pay contingent expenses, but a consumable partofthoeex
penses grew out of the settlement with the Commissioners of the Sinking
Fund, under the act of the 10th of February, 1845; .nd with nc. outsand
ing claims against the Fund, 1 am satisfied that not more than $2o0 will
required to pay contingent expenses in the present fiscal year.

It must therefore be a source of peculiar satisfaction to witness the fiat-
terincr condition of the Sinking Fund. The annual contingent expenses of the
Fund°, including exchange and interest on Bank loans, which in a success,on
of former years averaged upwards of $6,000, and which in some years ran
up as high as $14,000, have been brought down to the inconsiderable su>
of $250 for the present year. The resources of the bund, at fh»t made-
quate to meet the objects proposed, have become not only suftaenl .lo pay
all the interest accruing annually on the public debt, and all incidental
2

JOURNAL OF THE SENATE. [Jan. 1.

penses, but in the two preceding years have enabled the Commissioners to
commence reducing the amount of the public debt, and in the present fis¬
cal year will yield them the very considerable surplus of $102,9-19 84, to
be applied to its further reduction. The funded debt oi the State, which
had for a series of years been accumulating, until in 1844 it amounted to
$4,671,503, has since that time been undergoing a gradual but steady re¬
duction; and during the present fiscal year the means will be possessed to
reduce the debt to $4,503,236, which reduction, agreeable as it must be to
the people of the State, I confidently expect will be made before the tei-
mination of my administration of the State’s affairs.

Besides, it is well known the State is in possession ol other means by
which part of the public debt may be paid without burthening the people
with taxation. These means consist of stock in the several Banks of the
State, amounting, as stated in my last annual message, to $1,2/0,500; this
sum deducted from $4,503,236 leaves $3,232,736, which may be considered
the actual burthen of debt that will remain outstanding at the end of the
present fiscal year.

Of course the possession, by the State, of the Kentucky and Green and
Barren River Navigations, and her interest in bridges, and turnpikes,
public works of great value, and of annually increasing revenue, may be
considered as available means for the further reduction of that reduced
debt of $3,232,736.

These figures are predicated on the supposition, that the Commissioners
of the Sinking Fund will be able to apply all of their surplus means of the
present fiscal year, to the reduction of the public debt. If they are by any
means prevented from so doing, the estimates above will have to be chang¬
ed accordingly.

In connection with this subject, I have the pleasure to inform you that,
as required by law, all the paid coupons or interest warrants have been re¬
ceived by the Commissioners of the Sinking Fund, and registered in books
kept for that purpose in the office of the Auditor. The coupons so receiv¬
ed and registered, have also been cancelled and burnt in the presence of the
Secretary of State, First Auditor and Treasurer.

With regard to the Penitentiary, I am able to inform you that the build¬
ings intended for an eating house and chapel which were under contract,
at the date of my last annual message, have been completed. There has
also been erected, since the adjournment of the last Legislature, a black¬
smith shop in the Penitentiary as required by an act of that session. The
contracts for the buildings have all been filled with fidelity and satisfaction
on the part of the Keeper, and I am pleased to inform you that the institu¬
tion is at this time provided with buildings of superior order, and better
adapted to the business of the Penitentiary than at any former period.

JOURNAL OF THE SENATE

the Penitentiary on the first day oi i/ecemue.,

3 less than were in the Institution on the first day of
One has died and six escaped during the present year,
good health.

:eeding the amount
■ r. This estimate in-
the first of March last,
It is, howev-

The convicts in
numbered twenty one
December, 1846. O..

The convicts are generally in _

The Institution realized a profit, in the last year, exci
of annual profit guaranteed to the State by the lveepe
eludes all accounts of the Institution outstanding on l...
a portion of which may not and doubtless cannot be collected,
er presumable, from the increased prices of the principal articles manufae-

resent will be a year of greater proht.
indicating an opinion, that the failure to
n any fault of the Keeper. In a former
: in the rectitude of the conduct of the
change that opinion. On the contrary,
’ j with which he has had to con-
character, I have had occasion to admire
to his contract with
to believe that any other could have done bet-

message, i expressed my
Keeper, and I have seen

considering the many and peculiar difficulties

tend, many of a very disheartening!-

his fortitude and his energy, and his fidelity, as I conceive,
the State. I have no reason

I am not of the opinion, that under the present system of managing the
Institution, any considerable pecuniary benefit will ever be realized by the
State. But whether any other system less objectionable or better calculated
to attain the objects of the Institution, can be devised, is for the wisdom of
the Legislature to determine. The term of the present Keeper will expire
on the 1st of March, 1849, and in anticipation of that time, provision should
be made by legislative enactment for the future management of the Institu-
Th» In w under which the present Keeper was elected, will cease to

JOURNAL OF THE SENATE.

[Jan. 1.

prehends in its bearings all of every order and pursuit. It is limited to
no particular interest in exclusion of all others, but reaches every interest,
whether of individuals, associations, or the community at large.

It needs only to be named tor its importance to be acknowledged and felt.
Who will deny the immense importance of Education? Who so debased
in sentiment as not to perceive and appreciate its benefits ? Where is the
individual.be his pursuits what they may, who would willingly decline its
advantages? Where the father who would willingly cast his child upon
society, destitute of its blessings?

But I need not indulge further in reflections like these. The importance
of education is so universally acknowledged, and has been so repeatedly
recognized by our legislative enactments, that nothing I could say would
make it more manifest.

But whilst all admit its importance, we have to lament that so little has
been done to advance the cause of Education. Statute after statute has
been enacted, setting apart and dedicating funds to the object of education;
but when we turn to the generation rising around us, what a vast number
do we behold, wholly destitute of the means by which they might become
enlightened and useful citizens. Why is this suffered to be so? We have
on our statute book what is denominated a System of Common Schools; but
hitherto it has been barren of results. The subject was treated of in my
last annual message, and I then attempted to point out some of the wants
of the system, without which, in my judgment, it could never succeed. In
my subsequent reflections I have become more fully satisfied that the views
there presented are correct, and I refer you to what was then said, and again
commend the subject to your favorable consideration.

The condition of the Education Fund is not changed from what it was
last vear. The report of the Superintendent of Public Instruction will
give you particular information on this point, and also as to the present
condition and future prospects of Common Schools.

By an act of Congress, approved January 23, 1S45, it is provided, “that
the electors of President and Vice President shall be appointed in each
State on the Tuesday next after the first Monday in the month of Novem¬
ber, of the year in which they are to be appointed.” The time prescribed
by this act differs from the time designated by the laws of Kentucky for
holding elections for electors for President and Vice President. It will
therefore require the further action of the General Assembly to conform to
and carry out the act of Congress. As the election cannot, consistently
with the act of Congress, continue longer than one day, it may be worthy
of consideration whether provision ought not to be made, allowing, in some
counties at least, an increased number of precincts, so that the whole vote
of those counties may be fairly polled, and without delay, crowding and con¬
fusion.

Jan. 1.] JOURNAL OF THE SENATE.

In conformity to a resolution of the last General Assembly, and with
permission of the widow of Major Philip Norbourne Barbour, of the 3d
Regiment of the United States Infantry, who (ell whilst gallantly leading
his'command to a desperate charge in the streets of Monterey, I caused his
remains to be brought, and, with appropriate honors, buried beneath the sod
of his native State, within the Cemetery at the seat of government, in tes¬
timony of the high sense of the General Assembly of his distinguished ser¬
vices as a patriot, his heroic achievements as a soldier, the chivalry of his
life and the glory of his death. A suitable monument of marble has also
been erected over his grave.

It will not, I trust, be thought altogether out of place to notice, briefly,
other distinguished officers and soldiers whose loss, since the date of that
resolution, our State has been brought to mourn. Whilst gallantly leading
their respective commands, Col. William R. McKee, Lieut. Co . eniy
Clay, and Capt. William T. Willis, of the 2d Regiment of Kentucky V ol-
unteer Infantrv, fell, accompanied by the fall of many heroic citizen soldiers,
in the ever memorable battle of Buena Vista. Deploring most deeply their
loss, and appreciating fully the motives of lofty patriotism by which they
were induced to enter the service of their country, their heroic valor and
distinguished services in battle, and the glory of their death, many of our
fellow-citizens united with their relatives and friends, and caused the bo¬
dies of the officers, and many of their brave men who fell with them, to be
brought back and burned beneath the soil of their native land. The bones
of these officers and soldiers, as well the bones of the lamented Barbour,
now rest within that part of the beautiful Cemetery at the seat ol govern¬
ment, appropriated to the use of the State. It is for the Legislature to de¬
termine whether one common monument, worthy of the State and worthy
of her fallen sons, shall mark the spot and tell to future ages the esteem in
which a magnanimous Commonwealth holds her chivalric and devoted
sons.

The swords intended as tributes to the gallantry of Maj. Gen. Zachary
Taylor, Maj. Gen, Wm. 0. Butler, and Maj. P. N. Barbour, and which, by
resolutions of the last General Assembly, I was required to have made and
presented on behalf of the people of Kentucky, were contracted for by
agents appointed by me for that purpose, and I am assured that they have
been finished in a style and exhibit specimens of elegance and taste well
adapted to the object intended, and highly creditable to the artizans who
produced them. The contract for the swords was made on the credit of
the State, and should be fulfilled in good faith. An appropriation for this
purpose will be necessary.

I would invite your attention to Resolutions of the Legislature of Ohio,
upon the subject of the Ohio boundary, which were laid before the last Gen¬
eral Assembly, but not acted on before their final adjournment. The Legis-

JOURNAL OF THE SENATE.

[Jan. 1.

lature of the State of Virginia, I am informed, have adopted corresponding
resolutions, and Commissioners have been appointed by each of those States
with a view to the speedy adjustment of the boundary question, and the
prevention of any future acrimonious contests growing out of it. Should
the General Assembly determine that Kentucky should unite with Ohio and
Virginia in the settlement ot this question, early action should be had, so
that Commissioners may be appointed on the part ot this State to meet the
Commissioners of Ohio and Virginia already appointed, and who are shortly
to assemble in the City of Washington.

I have transmitted, herewith, resolutions and proceedings of the Legisla¬
tures of the States of Connecticut, Vermont, Virginia, Maine and Rhode
Island, forwarded to me by the Executives of those States, under the in¬
structions of their Legislatures, for the purpose ot having them laid before
you. 1 also lay before you a letter from the Librarian of Harvard Univer¬
sity in relation to the Public Documents of Kentucky.

In conformity to an act of the last Legislature, I lay before you the ac¬
companying annual report of the Visitors of the Kentucky Military Insti¬
tute.

I also lay before you the report of the Commissioners appointed by an
act of the last Legislature to audit and settle the accounts of the Board of
Internal Improvement.

I have thus briefly adverted to such matters as seemed to require notice
in giving to the General Assembly a statement of the true condition of the
Commonwealth. Your better knowledge of the wants of the people whom
you represent, will doubtless call to your minds many other matters equally
deserving of consideration. Whatever objects may engage your attention,
I hope your deliberations will be conducted in harmony, and terminate ac¬
ceptably to your constituents and advantageously to our State.

It will not, gentlemen, be my duty or privilege again, in my official capa¬
city, to meet the representatives of the people at the commencement of
another General Assembly. The wheels of time, by which we have been
brought to the commencement of the present session, will, in a few more
months, carry us to the end of my official term. The duties and responsi¬
bilities of Chief Magistrate, which now rest on me, will then devolve upon a
successor, and I shall be relieved of the cares and anxieties of office. The
coming of that time excites in my breast no emotions of regret. Until
then, if spared so long by a merciful Providence, I shall continue to exercise
the functions ol my office as I have hitherto exercised them—honestly, in¬
dependently and faithfully. But, when the end of my term comes, I shall,
without repining, part with the insignia of office, and pass from public sta¬
tion to the more desirable pursuits of private life. In doing so, however, I
shall not feel altogether indifferent to public sentiment. That I should, in
the performance of the many highly important and delicate duties apper-

Jan, 1.] JOURNAL OF THE SENATE. 1°

taining to the office, incur the displeasure of none, is more than I have any
right To expect. But, actuated throughout my administration by no desire
other than to promote the public good, and conscious of the rectitude of my
motives, I shall, with entire confidence, rely upon the liberality of my fellow
countrymen to do me justice. More than justice I neither expect not de¬
sire. During my life, a large portion of which has been spent in the service
of the State, 1 have had occasion more than once to appeal to this tribunal
from the passionate judgments of an hour; and they have never failed to
sustain my course. On retiring from office, I shall carry with me grateful
recollections of the confidence of my fellow-citizens, and cherish, while lile

lasts, an ardent desire for the happiness and prosperity of our State.

WM. OWSLEY.

January 1, 1848.

Ordered, That the Public Printer print 4,000 copies of said message, and
150 copies of the accompanying documents, for the use of the Senate.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Marshall—1. A bill for the benefit of William B.
Carlisle, Sheriff of Green connty.

On the motion of Mr. Helm—2. A bill again to take the sense of the peo¬
ple upon the propriety of calling a Convention.

On the motion of Mr. Hardin—3. A bill to add the ISth to the 8th Ju¬
dicial District, and for other purposes.

On the motion of Mr. Thornton—4. A bill to change the name of Eliza¬
beth G. M. Douglas to that of Elizabeth G. M. Stevenson.

Messrs. Marshall, Brien and Walker were appointed a committee to pre¬
pare and bring in the 1st; Messrs. Helm, Hardin, Swope and Rice the 2d;
Messrs. Thornton, Hardin and James the 4th, and the committee on the Ju¬
diciary was directed to prepare and bring in the 3d.

On the motion of Mr. Helm,

Resolved, That the Secretary of State be requested to lay before the Sen¬
ate, at an early dav of the session, a report of the number of votes polled at
August last, favorable to calling a Convention, as reported to him by the
Sheriffs of this Commonwealth.

Resolved, That the 2d Auditor be requested to furnish, at an early day
of the session, a statement of the number of qualified voters in Kentucky,
as ascertained under an act of the last session of the Legislature, entitled,
“an act to take the sense of the people of Kentucky upon the propriety ot
calling a Convention.”

On the motion of Mr. Boyd,

Resolved, That a committee be appointed to wait upon the several min¬
isters of the gospel, of the town of Frankfort, and request them, alternate¬
ly, to open the Senate with prayer.

And Messrs. Boyd,Russell and McMillan were appointed said committee
And then the Senate adjourned.

JOURNAL OF THE SENATE.

[Jan. 3.

MONDAY, JANUARY 3, 1848.

Mr. William F. Evans, a member of the Senate from the 6th Senatorial
District, and Mr. John Draffin, a member of the Senate from the 20th Sen¬
atorial District, appeared and took their seats.

Mr. Edward D. Hobbs, a member of the Senate from the 15th Senatorial
District, appeared, produced a certificate of his election, and having taken
the several oaths required by the Constitution of the United States, and the
Constitution of this State, took his seat.

1. Mr. Heady presented the petition of Elizabeth Ann Deacon, praying
for the passage of a law divorcing her from her husband, Ihomas Deacon.

2. Mr. Hambleton presented the petition of Sophia Helm, the adminis¬
tratrix, and others, the heirs and legal representatives of Thomas D. Helm,
deceased, praying for the passage of a law authorizing them to make con¬
veyance of certain town lots sold by the said decedent in his life time.

3. Mr. James presented the petition of L. D. Berry, of Hickman county,
praying for the passage of a law authorizing him to bring into this State,
from the State of Tennessee, a negro woman and her two children, without
incurring the penalties of the law of 1833 prohibiting the importation of
slaves into this State.

Which petitions were severally received and referred—the 1st to the com¬
mittee on Religion; the 2d to a select committee of Messrs Hambleton,
Helm and James, and the 3d to the committee on Propositions and Grievan¬
ces.

The Speaker laid before the Senate the annual report of the Treasurer,
which is as follows, to-wit:

State of Kentucky, Treasury Office, i

January 3 d, 1848. )

Sir: Accompanying this note is the annual report of this Department,
which you will please lay before the House over which you preside.

Verv respectfully,

'JAMES DAVIDSON, Treasurer.

Hon. R. A. Patterson,

Speaker of the Senate.

[For Report—see Legislative Documents .]

Ordered, That the Public Printer print 150 copies of said report for the
use of the General Assembly.

On the motion of Mr. Hobbs,

Resolved, That a seat on the floor of the Senate be allowed to A. G.
Rhea, the reporter for “The Daily Commonwealth.”

Jan. 4.]

JOURNAL OF THE SENATE.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. McNary—1. A bill to change the name of William
G. Musgrove to William G. Logan.

On the motion of Mr. Boyd—2. A bill to amend the laws in relation to
chancery proceedings.

On the motion ol same—3. A bill to amend the attachment laws of this
Commonwealth.

On the motion of same—4. A bill to exempt certain property, in the town
of Flemingsburg, from town tax.

On the motion of Mr. Hambleton—5. A bill to amend the law concern¬
ing guardians.

On the motion of Mr. Hobbs—6. A bill to amend an act, approved 1st of
March, 1847, chartering a company to construct a railroad from Frankfort
to Louisville.

On the motion of Mr. Evans—7. A bill for the benefit of John Caruth.of
Allen county.

On the motion of Mr. Marshall—8. A bill for the benefit of Samuel Ho¬
gan, of Green county.

Messrs. McNary, Bradley and Thomas were appointed a committee to
prepare and bring in the 1st; Messrs. Boyd, Williams and Hawkins the4th;
Messrs. Hobbs, Todd, Helm, English and James the 6th; Messrs. Evans,
Draffin and Hardin the 7th ; Messrs. Marshall, Hardin and Brien the 8th ;
and the committee on the Judiciary was directed to prepare and bring in
the 2d, 3d and 5th.

And then the Senate adjourned.

TUESDAY, JANUARY 4, 1848.

The Speaker laid before the Senate the annual report of the Auditor
of Public Accounts, which is as follows, to-wit:

State of Kentucky, Auditor’s Office, )

Frankfort, January 3, 1848. j

Dear Sir: I herewith enclose you a copy of the annual report from this
Department. Respectfully,

H. I. BODLEY, Auditor.

Hon. R. A. Patterson,

Speaker of the Senate.

[For Report—see Legislative Documents.']

18 JOURNAL OF THE SENATE. [Jan. 4.

Ordered, That the Public Printer print 150 copies of said report for the
use of the General Assembly.

The Speaker laid before the Senate the annual report of the 2d Auditor,

which is as follows, to-wit:

Revenue Department, Auditor’s Office, Ivy.

Sir: I herewith send the annual report from this Department.

I am, verv respectfully,

THOS. S. PAGE, 2r i Auditor.

Hon. R. A. Patterson,

Speaker of the Senate.

[ p'or Report—see Legislative Documents.']

Ordered, That the Public Printer print 150 copies of the said report for
the use of the General Assembly.

The Speaker laid before the Senate the settlement made by Thomas S.
Page, the Commissioner appointed to settle the accounts of the Rev. R. T.
Dillard, as Superintendent of Public Instruction, which is as follows, to-wit:

Sir: I herewith send settlement with the Rev. R. T.. Dillard, as buperin-

tendent of Public Instruction. I am, very respectfully,

T. S. PAGE, Commissioner.

Hon. R. A. Patterson,

Speaker of the Senate.

[For Report—see Legislative Documents.]

Ordered, That the Public Printer print 150 copies of said settlement for

the use of the General Assembly.

The Speaker laid before the Senate the annual report of the Board of Vis¬
itors of the Ivy. Penitentiary, for the year 1847, which is as follows, to-wit:
[For Report—see Legislative Documents.]

Ordered, That said report be referred to the committee on the Peniten¬
tiary, and that the Public Printer print 150 copies thereof for the use of
the General Assembly.

f Two messages in writing, were received from the Governor, by Mr. Mitch¬
ell, Assistant Secretary of State.

The rule of the Senate being dispensed with, the said messages were ta¬
ken up, and read as follows, to-wit:

Gentlemen of the Senate : _ a tut i _u ,. nu; c

I nominate for your advice and consent, T1 homas A. Marshall to be Chiet

Justice of Kentucky,in place of E. M. Ewing, resigned.

James Simpson to be Judge of the Court ot Appeals, in place of Thomas

A. Marshall, promoted. T j* * i tv , • , • i e

William C. Goodloe to be Judge of the 10th Judicial District, in place of

James Simpson, appointed Judge of the Court of A ppeals.

Jan. 4.]

JOURNAL OF THE SENATE.

Samuel Carpenter to be Judge of the 13th Judicial District, in place of A.
H. Churchill, resigned. '

William D. Reed to be Secretary ot State.

Thomas N. Lindsey to be Commonwealth’s Attorney for the 1 th J
cial District, in place of Thomas L. Crittenden, resigned.

J. T. Boyle to be Commonwealth’s Attorney for the ’

in place of John B. Thompson, resigned. W UW

Gentlemen .of the Senate . ....if T> T; n j pv * n foe Sheriff

, I nominate for your advice and consent, William D. Ti y
of Caldwell county, in place of James C. Weller, lesigne . .

Moses P. Ellis to be Sheriff' of Fayette county, in place of James L. Hick-

m TaSntombs to be Sheriff' of Perry county, in place of Zachariah

M CUR Dunava^"o^be 1 Sheriff of Warren county, in place of Isaac Smith,

"'Stas J. Gough to be Sheriff of Meade county, and Andrew Calvert to
be Sheriff of Scot! county-the County Court of said counties having fail¬
ed to recommend in the time prescribed by the Constitution.

Robert J. Breckinridge to be Superintendent ot Public Instruction in place

of Ryland T. Dillard, resigned. W M- 0WSLE *.

Resolved, That the Senate advise and consent to the said appointments.

The Speaker announced the following standing committees, to-wit:

On Judiciary— Messrs. Hardin, Crenshaw, Wall and Rice.

On Propositions and Grievances —Messrs. Walker, Swope, Hawkins,
Holloway and Taylor.

On Privileges and Elections— Messrs. Swope, Wall, White, Evans and
Henderson.

On Religion —Messrs. Boyd, Draflin, Bramlette, Marshall and Ihomas.
On Internal Improvement— Messrs. J. Speed Smith, Evans, Thornton,
Grey and Swope.

On Finance— Messrs. James, Todd, Helm, McMillan and English.

On Education— Messrs. Evans, Slaughter, Fox, Thurman and McMillan.
On Penitentiary— Messrs. Hobbs, Thurman, Boyd and Hawkins.

On Military Affairs- Messrs. Heady, Russell, Bradley, Marshall and Brien.
On Sinking Fund— Messrs. Helm, Holloway and Young.

On Executive Affairs— Messrs. Todd, Draflin and Thornton.

On Public Buildings— Messrs. McNary, Brien, Thomas, Henderson and

Bramlette.

On Agriculture and Manufactures —Messrs. Slaughter, Taylor, Bradley,
Williams and Hambleton.

On Federal Relations— Messrs. Williams, Crenshaw, Rice, J. Speed Smith
and White.

JOINT COMMITTEES.

On Banks— Messrs. Fox, Helm and Grey.

On Library— Messrs. Taylor, Thornton and Draflin.

JOURNAL OF THE SENATE.

On Public Offices —Messrs. Hawkins and Russell.

On Enrollments —Messrs. Bradley, Young and McNary.

1. Mr. English presented the petition of Elizabeth Voris, widow of Pres¬
ton Voris, deceased, praying for the passage of a law authorizing the sale of
a small tract of land, lying in Henry county, the property of her deceased
husband.

2. Mr. Hawkins presented the petition of William Goodridge, Sr., of
Boone county, praying for the passage of a law to divorce him from his wife,
Emeline Goodridge.

3. Mr. Pleady presented the petition of Thomas Deacon, praying for the
passage of a law to divorce him from his wife, Elizabeth Ann Deacon.

4. Mr. Grey presented the petition of sundry citizens of Todd and Chris¬
tian counties, praying for the passage of a law to establish a State road in
the counties of Muhlenburg, Christian and Todd.

5. Mr. Grey also presented the petition of sundry citizens of the town of
Russellville, praying for the passage of a law granting a change of venue to
Wm. B. Whitaker, who stands indicted for murder in the Logan Circuit
Court.

6. Mr. Grey also presented the petition of George T. Edwards, of Logan
county, praying for the passage of a law vesting in him the title to a small
tract of land in said county, of which Charlotte Millikin, a free woman of
color, died siezed and possessed, and which land has escheated to the Com¬
monwealth.

Which petitions were severally received and referred—the 1st, 5th and 6th
to the committee on the Judiciary ; the 2d and 3d to the committee on Re¬
ligion; and the 4th to a select committee of Messrs. Grey, Brien and Rice.

The following bills were reported from select committees to-wit:

By Mr. Marshall—1. A bill for the benefit of William B. Carlisle, Sheriff"
of Green county.

By Mr. Boyd—2. A bill to exempt certain property, in the town of Flem-
ingsburg, from town tax.

By Mr. Evans—3. A bill for the benefit of John Caruth, of Allen county.

By Mr. Thornton—4. A bill to change the name of Elizabeth G. M. Doug¬
lass.

The said bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

A message was received from the House of Representatives, announcing
that they had adopted a resolution in relation to the erection of a monument
to the momory of the heroes of Buena Vista.

JOURNAL OF THE SENATE.

Jan. 4.]

That they had passed bills of the following titles, to-wit:

An act for the benefit of the officers and soldiers in the war with Mexico.

An act to change the name of John M. Hall.

The Speaker laid before the Senate the annual report of the Keeper of
the Penitentiary, which is as follows, to-wit:

Office Kentucky Penitentiary, )

Frankfort, Jan. 3, 1847. )

Sir: Please lay before the Senate the enclosed annual report.

Very respectfully, yours, &c.,

N. CRAIG, Agent and Keeper Ky. Pen'ty.

Hon. R. A. Patterson,

Speaker of the Senate.

[.For Report—see Legislative Documents .]

Ordered, That said report be referred to the committee on the Peniten¬
tiary, and that the Public Printer print 150 copies thereof for the use of the
General Assembly.

Mr. Evans read and laid on the table the following resolutions, to-wit:

Resolved by the Senate and House of Representatives of the Common¬
wealth of Kentucky, That our Senators be instructed, and our Representa¬
tives be requested, to use their best exertions to procure the repeal of so
much of the 13th section of an act of Congress, entitled, “an act to estab¬
lish certain post routes, and for other purposes,” approved the 3d of March,
1847, as requires three cents each to be paid as the postage on newspapers
at the place they are deposited for conveyance.

Resolved, That his Excellency, the Governor of Kentucky, be, and he is
hereby requested to transmit, to each of our Senators and Representatives
in Congress, a copy of the foregoing resolutions.

On the motion of Mr. Grey,

Resolved, That a committee of one from each Congressional District, be
appointed to divide the State into Senatorial Districts, and to apportion the
representation in the House of Representatives, among the several counties,
in conformity to the Constitution ; and that said committee report by bill
as soon as practicable.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Grey—1. A bill to change the time of holding the
Christian Circuit and County Courts.

On the motion of Mr. Hobbs—2. A bill to amend the charter of the
Shepherdsville Iron Manufacturing Company.

On the motion of same—3. A bill for the benefit of Urath O. Hundley
and others.

On the motion of Mr. Wall—4. A bill to exempt from militia duty the
volunteers in the war with Mexico.

On the motion of Mr. McMillan—5. A bill to amend the charter of the
Carlisle and Sharpsburg Turnpike Road Company.

22 JOURNAL OF THE SENATE. [Jan. 4.

On the motion of Mr. Hawkins—6. A bill for the benefit of the citizens
of Carroll county, and for other purposes.

On the motion of Mr. Hardin—7. A bill to amend the act for the benefit of
John U. Watson and Pemberton Cave, approved February 17, 1847.

On the motion of same—8. A bill to amend an act, entitled, an act au¬
thorizing the Auditor to correct certain mistakes, approved Januaiy 23d,
1813.

Messrs. Grey,Bradley and McNary were appointed a committee to pre¬
pare and bring in the 1st; Messrs. Hobbs, Helm and Heady the 2d ; Messrs.
Hobbs, Crenshaw and Hambleton the 3d; Messrs. McMillan, Boyd and
Young the 5th; Messrs. Hawkins, Russell and Williams the 6th; the com¬
mittee on Military Affairs was directed to prepare and bring in the 4th ; and
the committee on the Judiciary the 7th and Sth.

Mr. Hobbs read and laid on the table the following preamble and resolu¬
tions, to-wit;

Whereas, Mai. General Zachary Taylor having obtained leave of absence
from the army, and returned to the United States, the Representatives ot
the people of Kentucky, in General Assembly convened, being desirous of
testifying their high appreciation of the signal services he has rendered his
country, in the battles of Palo Alto, Reseca de la Palma, and Monterey, and
in his last and unparalleled achievement at Buena Vista—their admiration
of his virtues, his modesty, his justice, his kindness and benevolence to the
soldiers under his command, and that, if possible, more elevated and manly
spirit of moderation and magnanimity, which he has uniformly displayed to¬
wards the defeated and prostrate foes of his country—hereby tender to him
the heartfelt thanks of the people of Kentucky. Therefore,

Resolved by the General Assembly of the Commonwealth oj Kentucky,
That General Tavlor be invited to visit the Capital of our State, during the
present session of the Legislature, that the Representatives and the people
may have an opportunity of testifying to him, personally, their esteem and

^Resolved, That a copy of this preamble and resolution be forwarded to
Gen. Tavlor, by his excellency the Governor, with a request that he indi¬
cate, at as early a day as convenient, when he will visit Frankfort.

The rule of the Senate being dispensed with, the said preamble and reso¬
lutions were taken up, twice read, and adopted.

On the motion of Mr. Williams,

Resolved, That the rules of the Senate, for the last session, be adopted for
its government during the present session.

On the motion of Mr. Rice,

Resolved, That the committee on the Judiciary prepare and report a bill
repealing all acts or parts of acts, giving the General Court jurisdiction in
the trial of suits, either in law or chancery, in which the title or possession
land is involved, unless the land is situate in the county of Franklin.

The resolution from the House of Representatives, in relation to the
erection of a monument to the memory of the heroes of Buena Vista, was
taken up, twice read, and concurred in.

JOURNAL OF THE SENATE.

Jan. 5.]

Messrs. James, Hobbs, Slaughter and Helm were appointed a committee
on the part of the Senate, pursuant to said resolution.

Bills from the House of Representatives, of the following titles, were sev¬
erally read the first time, to-wit:

1. An act for the benefit of the officers and soldiers in the war with Mex¬

ico.

2. An act to change the name of John M. Hall.

Ordered, That said bills be read a second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, the first was referred to the committee on the Judiciary, and the
second was ordered to be read a third time.

The constitutional rule as to the third reading of the second bill being

dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. James,

Resolved, That the committee on the Judiciary be instructed to enquire
into the expediency and propriety of amending the law in relation to sure¬
ties in injunction bonds, restraining orders, &c.

Mr. Hobbs, from the select committee appointed for that purpose, report¬
ed a bill to amend an act, approved the 1st of March, 1S47, chartering a
company to construct a railroad from Frankfort to Louisville, which was
read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading of said bill being dispens¬
ed with, it was referred to the committee on Internal Improvement, and
the Public Printer was directed to print 150 copies thereof for the use of
the General Assembly.

And then the Senate adjourned.

WEDNESDAY, JANUARY 5, 1S48.

A message, in writing, was received from the Governor, by Mr. Reed,
Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
up, and read as follows, to-wit:

JOURNAL OF THE SENATE.

[Jan. 5.

Gentlemen of the Senate :

I nominate for your advice and consent, Henry C. Thomas to be bheiitt

of Bullitt countv, in place of J. Samuel, deceased.

John M. Austin to be Sheriff of Butler county—the County Court ot said
county having failed to recommend in the time prescribed by the C°nstitu-
tion> J ° WM. OWSLEY.

Resolved, That the Senate advise and consent to the said appointments.

1. Mr. McNary presented the petition of Joseph Hinkle, of Muhlenburg
countv, praying for the passage of a law authorizing that his wife, Baibara
Hinkle, who is a lunatic, may be kept in the Asylum free of charge to the
said Moses Hinkle.

2. Mr. Evans presented the petition of Roberson Brown and bis wife, o
Allen county, praying for the passage of a law permitting them to import
into this State a negro girl named Aggy, without incurring the penalties of
the law of 1833, to prohibit the importation of slaves into this State.

3. Mr. Crenshaw presented the petition of Matilda Francis, the mothei
and guardian, and Jesse Renfro, the grand father of Mary C. Francis, infant
daughter of Joel M. Francis, deceased, praying for the passage of a law au¬
thorizing the said guardian or grandfather to make sale and conveyance ot a
certain tract of land, the property of said infant.

4. Mr. Slaughter presented the petition ot the members of the Larue
County Court, praying for the passage of a law authorizing the Secretary
of State to furnish said court with the laws of this State passed since the
year 1843.

5. Mr. Bramlette presented the petition of William T. Long, praying for
the passage of a law permitting him to import into this Stale a negro girl,
without incurring the penalties of the law ot 1833, to prohibit the impoita-
tion of slaves into this State.

6. Mr. Fox presented the petition of Mary C. Parker, praying for the
passage of a law divorcing her from her husband, William C. Parker, and
restoring her to her maiden name of Mary C. Hocker.

Which petitions were severally received and referred—the 1st to the com¬
mittee on Finance; the 2d and 5th to the committee on Propositions and
Grievances; the 3d and 4th to the committee on the Judiciary; and the 6lh
to the committee on Religion.

Mr. Helm, from the committee on the Sinking Fund, reported a bill di¬
recting proclamation to be made of the readiness of the State of Kentucky
to redeem her unpaid six year bonds, which was read the first time, and or¬
dered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

°Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

JOURNAL OF THE SENATE.

Jan. 5.]

A message was received from the House of Representatives, announcing
that they had adopted a resolution of invitation to Gen. Zachary Taylor.

That they had passed bills of the following titles, to-wit:

An act to incorporate the Franklin Institute, in the town of Lancaster.

An act to enlarge the powers of the Board of Internal Improvement for
Graves county.

An act to legalize the proceedings of the Ohio County Court.

An act for the benefit of E. T. White, Deputy Sheriff of Daviess county.

An act to change the name of Maria A. Peyton.

An act to change the name of Nancy J. Yates to that of Nancy J. Wil¬
son, and for other purposes.

An act to enlarge the jurisdiction of the Police Judge of the town of
Henderson.

Mr. Helm, from the select committee appointed for that purpose, reported
a bill again to take the sense of the people of Kentucky on the propriety of
calling a Convention, which was read the first time, and ordered to be read
a second time.

The constitutional rule as to the second reading of said bill being dispens¬
ed with, it was made the special order of the day for Friday, the 7th inst.,
and tbs Public Printer was directed to print 150 copies thereof for the use
of the General Assembly.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. James—1. A bill to equalize the compensation for
the collection of the revenue.

On the motion of Mr. Crenshaw—2. A bill to amend an act, entitled, an
act for the benefit of the heirs of David Mize, deceased.

On the motion of Mr. Bramlette—-3. A bill for the benefit of William
Wood, Surveyor of Clinton county, and for other purposes.

On the motion of Mr. English—4. A bill to modify and repeal, in part;
the act approved February 2d, 1S33, entitled, an act to amend the law pro-
hibiting the importation of slaves into this State.

The committee on Finance was directed to prepare and bring in the 1st;
the committee on the Judiciary the 2d; Messrs. Bramlette, Evans and Draf-
fin were appointed a committee to prepare and bring in the 3d ; and Messrs.
English, Bradley, James and Young the 4th.

On the motion of Mr. Evans,

Resolved, That the committee on the Judiciary be and they are hereby
instructed to enquire into the origin, existence, extent, duration and objects
of the right to draw lotteries or vend lottery tickets in this Commonwealth ;
and also, if practicable, the amount of funds thus raised, and purposes to
which such funds have been applied; and that they report by bill or other¬
wise.

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JOURNAL OF THE SENATE.

[Jan. 5.

Mr. Brian rend and laid on the table the following joint resolution, viz:

Resolved by the General Assembly of the Commonwealth of Kentucky
That his Excellency, the Governor of this Commonwealth, caused to be fired
a national salute, at sun rise, on the 8th inst at some con ' n l' “ ;
the town of Frankfort, in commemoration of the victory achieved b> o
officers and soldiers on the 8th ol January, 1815.

The rule of the Senate being dispensed with, the said resolution was taken

up, twice read and adopted.

The resolutions concerning newspaper postage, read and laid on the table
by Mr. Evans on yesterday, were taken up, twice read and adopted.

The resolution from the House of Representatives, of invitation to Gen.
Zachary Taylor, was taken up and referred to the committee on the Judici¬
ary.

Bills from the House of Representatives, of the following titles, were
severally read the first time, to-wit:

1. An act to incorporate the Franklin Institute, in the town of Lancaster.

2. An act to enlarge the powers of the Board of Internal Improvement

for Graves county. .

3 An act to legalize the proceedings of the Ohio County Court.

4 An act for the benefit of E. T. White, Deputy Sheriff of Daviess coun-

ty.

5. An act to change the name of Maria A. Peyton.

6. An act to change the name of Nancy J. Yates to that of Nancy J.
Wilson, and for other purposes.

7. An act to enlarge the jurisdiction of the Police Judge ot the town o
Henderson.

Ordered, That said bills be read a second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, the 7th was referred to the committee on the Judiciary, and the 1st,
2d, 3d, 4th, 5th and 6th were ordered to be read a third time.

The constitutional rule as to the third reading ol said 1st, 2d, 3d, 4th, oth

and 6th bills being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as atore-
said.

The following bills were reported from select committees, to-wit:

By Mr. Marshall—1. A bill for the benefit of Samuel Hogan, of Green

C °BvMr. Hobbs—2. A bill to amend the charter of the Shepherdsville Iron

Manufacturing Company. , TT „ , .

By same_3 A bill for the benefit of Urath 0. Hundley and others.

6 B y Mr. Bramlette—4. A bill for the benefit of William Wood, Surveyor
of Christian county, and for other purposes.

JOURNAL OF THE SENATE.

Jan. 6.]

The said bills were severally read the first time, and ordered to be read a

second time.

The constitutional rule as to the second readings of said bills being dis¬
pensed with, the 2d and 3d were referred to the committee on the Judicia¬
ry, and the 1st and 4th were ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of said 1st and 4th bills be¬
ing dispensed with, and the same being engrossed.

°Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

And then the Senate adjourned.

THRUSDAY, JANUARY 6, 1848.

Mr. John Speed Smith, a member of the Senate from the 23d Senatorial
District, appeared and took his seat.

A message was received from the House of Representatives, announcing
that they had passed bills from the Senate, of the following titles, to-wit:

An act for the benefit of William B. Carlisle, Sheriff of Green county.

An act to exempt certain property, in the town ol Flemingsburg, from
town lax.

An act for the benefit of John Caruth, of Allen county.

An act to change the name of Elizabeth G. M. Douglass.

That they had concurred in the adoption of preamble and resolutions
from the Senate, inviting General Taylor to visit the Capital of Kentucky.

That they had adopted a resolution to appoint a committee to visit the Lu¬
natic Asylum.

Which was twice read and concurred in.

That they had passed bills of the following titles, to-wit:

1. An act to change the names of certain citizens of Crittenden county,
and for other purposes.

2. An act for the benefit of the Clerks of the Union County and Circuit
Courts.

An act to change the time of holding the April Term of the Union Coun¬
ty Court.

4. An act to change the names of E. H. Marrs, C. W. Marrs, and W. 0.
B. Marrs.

JOURNAL OF TI-IE SENATE.

[Jan. 6.

5. An net to incorporate the town of West Point, in Hardin county.

6. An act for the benefit ot Edward B. Gibson, of Simpson county.

7. An act to establish two additional election precincts in Knox county.

8. An act to legalize the proceedings of the November Term ol the Pu¬
laski County Court, and for other purposes.

9. An act to allow an additional Justice of the Peace to Graves county,
and an additional Constable to Logan county.

10. An act for the benefit of Southern College.

11. An act to change the names of Joel R. Allcock and others.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, the 4th and 9th were referred to the committee on Propositions
and Grievances; the 5th and 6th to the committee on the Judiciaiy; the
7th to the committee on Privileges and Elections; and the 1st, 2d, 3d, 8th,
10th and 11th were ordered to be read a third time.

The constitutional rule as to the third reading of said 1st, 2d, 3d, Sth,

10th and 11th bills being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as alore-

The Speaker laid before the Senate the annual report of the President
of the Board of Internal Improvement, which is as follows, to-wit:

Office of Board of Internal Improvement, )
Frankfort, January 5th, 1S48. )

Sir: I have the honor to lay before you the annual report of the Board
of Internal Improvement for the State ol Kentucky, and to be, with the
highest respect, Your obedient servant,

° THOMAS METCALFE, P. B. 1.1.

Hon. R. A. Patterson,

Speaker of the Senate.

\For Report—see Legislative Documents .]

Ordered, That said report be referred to the committee on Internal Im¬
provement, and that the Public Printer print 150 copies thereof for the use
of the General Assembly.

Messrs. Todd, Grey, James, Walker, Hardin, Thurman, Hobbs, Speed
Smith, Young and Hawkins were appointed a committee pursuant to the
resolution adopted on Tuesday, the 4th inst., for the appointment of a com¬
mittee to fix the ratio and apportion the representation.

1. Mr. Walker presented the petition of Jos. Hardaway, praying for the
passage of a law to make void the location of a military land warrant, No.
2660, for one hundred acres of land, issued by the State of Virginia in 1784,
and authorizing the Register of the Land Office to issne a certificate for
the same, so as to enable him to draw its value in United States Scrip.

JOURNAL OF THE SENATE.

Jan. 6.]

2. Mr. Evans presented the petition of sundry citizens of Alien county,
praying for the passage of a law to restore the middle term of the Circuit
Court of said county.

3. Mr. Bramlette presented the petition of Calvin Johnson, praying for
the passage of a law divorcing him from his wife, Mary Johnson.

Which petitions were severally received and referred—the 1st and 2d to
the committee on the Judiciary ; and the 3d to the committee on Religion.

The Lieutenant Governor and Speaker of the Senate appeared.

Mr. Hardin, from the committee on the Judiciary, to whom was referred
a bill from the House of Representatives, entitled, an act for the benefit of
the officers and soldiers in the war with Mexico, reported the same without
amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hardin, from the same committee, to whom was referred the peti¬
tion of Elizabeth Voris, reported the following resolution thereon, to-wit:

Resolved, That said petition be rejected.

Which was twice read and concurred in.

And leave was given to withdraw said petition from the files of the Senate.

Mr. Hardin, from the same committee, reported the following bills, viz:

A bill to amend an act, entitled, an act authorizing the Auditor to correct
certain mistakes, and to issue warrants on the Treasury in certain cases, ap¬
proved January 23, IS13.

A bill to amend an act for the benefit of John U. Watson and Pemberton
Cave, approved February 17, 1847.

A bill providing for a change of venue in the prosecution against Benja¬
min All.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Walker, from the committee on Propositions and Grievances, reported
a bill for the benefit of Rice Maxey, which was read the first lime, and or¬
dered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

The question was taken on the passage of said bill, and it was decided in
the affirmative.

30 JOURNAL OF THE SENATE. [Jan. 6.

The yeas and nays being required thereon by Messrs. Boyd and McNary,

were as follows, to-wit:

Those who voted in the affirmative, were—

Mr. Speaker Patterson, Hardin, T^vlnr'

Ut-irllpv Hawkins, xayior,

fr u/, Hobbs Thomas,

Bramlette, ’ Thm-nton

Hrien Holloway, Ihointon,

- .A— James, Thurman,

Air. Speaker Patterson,
Bradley.
Bramlette,

Brien,

Crenshaw,

Draffin,

Evans,

Grey,

Hambleton,

Todd,

Wall,

Williams—9.

orensnaw, —> Walker,

» raffin - Rice White,

ZT & Young-26.

Hambleton, Speed Smith,

Those who voted in the negative, were
Messrs. Bovrl, SJJ’

Resolved, That the title of the said bill be as aforesaid.

Mr. Walker, from the same committee, reported a bill for the benefit of
L. D. Berry, of Hickman county, which was read the first time, and order¬
ed to be read a second time. .

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

E 'Resolved , That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Boyd, from the committee on Religion, to whom was referred the pe-
tion of Elizabeth Ann Deacon, praying for a divorce from her husband; and
also, the petition of Thomas Deacon, praying for a divorce from his wife, re¬
ported the following resolution thereon, to-wit:

Resolved, That said petitions be rejected.

Which was twice read and concurred in.

Mr. Wall reported a bill to exempt from militia duty the volunteers in the
war with Mexico, which was read the first time, and ordered to be read a

second time. . ., , ,

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

°Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hobbs read and laid on the table the following joint resolution,

t0 'Resolved by the General Assembly of the Commonwealth of Kentucky,
Tint the 2d Auditior be directed to instruct the Commissioners of lax, for

this Commonwealth, for the future, along with their reports, to return sep-

Jan. 7.] JOURNAL OF THE SENATE. 31

arate and perfect lists of the blind, and of the deaf and dumb, in their re¬
spective districts.

The rule of the Senate being dispensed with, the said resolution was ta¬
ken up and referred to the committee on Finance.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Hawkins—1. A bill for the benefit of Presly Stew¬
ard, of Kenton county.

On the motion of Mr. English—2. A bill to amend an act, entitled, an act
to protect the rights of married women, approved February 23, 1846, so as
to include goods and chatties belonging to femes covert before marriage.

On the motion of Mr. Thomas—3. A bill to amend the road law in Camp¬
bell county.

Messrs. Hawkins, Hambleton and Evans were appointed a committee to
prepare and bring in the 1st; Messrs. English, J. Speed Smith and Thorn¬
ton the 2d ; and Messrs. Thomas, McNary and English the 3d.

And then the Senate adjourned.

FRIDAY, JANUARY 7, 1S48.

A message was received from the House of Representatives, announcing
that they had concurred in the adoption of a resolution from the Senate, .to
fire a national salute on the 8th of January, with an amendment, which
amendment was twice read and concurred in.

That they had passed bills of the following titles, to-wit:

1. An act for the benefit of the Judge of the 2d Judicial District.

2. An act to re-take the sense of the people of this State as to the pro¬
priety of calling a Convention.

3. An act to amend the road law in the county of Trimble.

4. An act to authorize the taking of depositions of officers and soldiers on
foreign service.

5. An act to amend the laws in relation to the town of Bowlinggreeri.

6. An act for the benefit of James T. Pettus.

7. An act to change the name of George Henderson Robertson, and for
other purposes.

8. An act for the benefit of Amanda Hutcheson and her children.

9. An act concerning the election of electors.

:*•-*?* , t

JOURNAL OF THE SENATE.

[Jan. 7.

Which bills were severally read the first time, and ordered to be read a

second time. ,.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, they were referred-the 1st, 2d, 4th and 8th to the committee on
the Judiciary; the 3d to the committee on Internal Improvement; the 5th,
6th and 7th to the committee on Propositions and Grievances; and the t r
to the committee on Privileges and Elections.

The Speaker laid before the Senate the annual report of the Superinten¬
dent of Public Instruction, which is as follows, to-wit:

[For Report—see Legislative Documents.']

Ordered, That said report be referred to the committee on Education,
and that the Public Printer print 150 copies of the said report and ac¬
companying documents, for the use of the General Assembly.

1. Mr. Hardin presented the petition of Robert Stockton, of Green coun¬
ty, praying for the passage of a law authorizing him to exchange or make
sale of two tracts of land, situate in said county, and vest the proceeds in

other property for the benefit of his children.

*2. Mr. Thurman presented the petition of sundry citizens of Marion coun¬
ty, praying for the passage of a law to charter a company to construct a
turnpike road from Springfield, by the way of Lebanon, to intersect the turn¬
pike road at New Market. ,

3. Mr. Patterson presented the petition of the executor and widow and
adult heirs and legatees of John Turley, deceased, praying for the passage
of a law authorizing the sale of a negro man named George, belonging to
said estate.

4. Mr. Patterson also presented the petition of Daniel Helman and others,
of Caldwell county, praying for the passage of a law to establish an elec¬
tion precinct in said county.

5. Mr. Patterson also presented the petition of David B. Glenn and oth¬
ers, members of the Bethlehem Cumberland Presbyterian Church, in Cald¬
well county, praying for the passage of a law to incorporate said Church.

Which petitions were severally received and referred the 1st and 3d to
the committee on the Judiciary ; the 2d to the committee on Internal Im¬
provement ; the 4th to the committee on Privileges and Elections ; and the
5th to the committee on Religion.

The following bills were reported from the committee on the Judiciary,

to-wit: .

By Mr. Crenshaw—A bill for the benefit of the heirs of David Mize, de¬
ceased.

By Mr. Rice—A bill limiting the jurisdiction of the General Court in cer¬
tain cases.

Jan. 7.] JOURNAL OF THE SENATE. 33

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Boyd, from the committee on Religion, reported a bill for the benefit
of Mary C. Parker, which was read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bill be-
ine dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Todd—1. A bill to incorporate a company to con¬
struct a turnpike road from Lexington, in the direction of Newtown, in
Scott county.

On the motion of same—2. A bill to appoint Trustees to the Ash Ridge
Church and burying ground, in Fayette county.

On the motion of Mr. McMillan—3. A bill for the benefit of the children
of William Arnett, and others, of Nicholas county.

On the motion of Mr. Evans—4. A bill to confer jurisdiction upon Judges
4 °f the Circuit Court to grant changes of venue in criminal prosecutions.

On the motion of Mr. Slaughter—5. A bill to authorize and direct the
Secretary of State to furnish to Samuel Carpenter, Judge of the 13th Judi¬
cial District, certain law books lost by his predecessor.

On the motion of Mr. Hawkins—6. A bill for the benefit of Richard and
Elizabeth E. Neal.

Messrs. Todd, Hawkins and Holloway were appointed a committee to
prepare and bring in the 1st; Messrs. McMillan, Boyd and Wall the 3d; the
committee on Religion was directed to prepare and bring in the 2d; and the
committee on the Judiciary the 4th, 5th and 6th.

On the motion of Mr. Evans,

Resolved,, That the thanks of the Senate be tendered to the “Society of
Friends,” in the city of Philadelphia, for their donation of a copy of “Dy-
mond on War,” to each member.

The following bills were reported from select committees, to-wit:

By Mr. Hambleton—1. A bill for the benefit of the children of Thomas
D. Helm, deceased.

By Mr. McNary—2. A bill to change the name of William G. Musgrove.

By Mr. English 3. A bill to amend an act, entitled, an act further to pro¬
tect the rights of married women.

OF THE SENATE.

34 JOURNAL

By Mr. Todd—4. A bill to incorporate the Lexington and Ne

Turnpike Road Company.

By Mr. English-5. A bill to modify and cl
hibiting the importation of slaves into this bta
Which bills were severally read the fust tir

second. , ,

The constitutional rule as to the secon
pensed with, the 3d and 5th were referred to tl
ry; the 4th to the committee on Internal Impi
were ordered to be engrossed and read a thir
The constitutional rule as to the third lead
ins dispensd with, and the same being engross.

Resolved, That said bills do pass, and that

said.

The special order
people of Kentucky

to take the sense of the
Convention, was taken

SATURDAY, JANUARY 8, 1848.

the House of Representatives, announcing
>, of the following titles, to-wit:

~ An act directing proclamation to be mad, of the readiness of the State of
K AnSfortte'b^rfToTwilliam'Wood, Surveyor of Clinton county, and

f \*cUoam“nd.n act for the benefit of John U. Watson and Pemberton

Cave, approved February 17,.1847.

An act for the benefit of Rice Maxey.

An act for the benefit of L.D. Berry, of Hickman county.

had concurred in the adoption of resoln.tons from the Sen-

ate concerning newspaper postage.

That they had passed bills of the following titles, to-wit.

An act for the benefit of the heirs of Simeon H. Anderson, deceased.

An act for the benefit of Frederick A. Ivennon, ahd Harriet L., his wife.

age was received from
had passed bills from the Senate,

fol

sti

ele

Adt

Allt

Ant

Bat

Ball

Bar

Bra

Bre

Boo

Bou

Boy

But

Calt

Call

Can

Car

Cas

Chr

Clat

JOURNAL OF THE SENATE.

Jan. 8.]

An act authorizing the Trustees of the town of Cadiz, in Trigg county,
to sell certain ground.

An act for the relief of George M. Green.

An act continuing in force the law providing for the appointment of Com¬
monwealth’s Attorneys.

An act to divorce William Wilkinson from his wife, Juliana Wilkinson.

An act for the benefit of Benjamin Collins.

The Speaker laid before the Senate a communication from the Secretary of
State, in answer to a resolution of the Senate, of the 1st inst., which is as
follows, to-wit:

Office of Secretary, )

Frankfort, January 5th, 1S48. j

To the Speaker of the Senate:

Sir— In compliance with the7lh section of an act of the last session
of the General Assembly, providing for taking the sense of the people of
Kentucky on the propriety of calling a Convention to amend ihe Stale Con¬
stitution—and in compliance with a resolution of the Senate of the 1st inst.,

I have the honor to report the lists of all citizens of Kentucky entitled to
vote for Representatives; and also a table showing, in parallel columns,
the aggregate number of qualified voters in the State, and the aggregate
number who voted in favor of calling a Convention, at the last August
elections. Very respectfully,

W. D. REED, Secretary.

Aggregate number of voters in each county in Kentucky, entitled to vote for
Representatives: and, also, the aggregate number of all the citizens who
voted, at the last August election, for calling a Convention to amend the
Stale Constitution.

COUNTIES.

For a Convention.

Whole No. of Vo¬
ters.

Additional list
ret’d by Clerk.

Adair,

1,068

1,459

Allen,

853

1,328

Anderson, -

698

998

Bath,

1,303

1,861

Ballard,

615

699

Barren,

1,706

2,872

Bracken,

1,009

No return.

Breathitt, -

No return.

547

Breckinridge,

1,055

1,689

Boone,

1,254

1,863

Bourbon, -

841

1,809

Boyle,

371

1,112

Bullitt,

897

1,130

Butler,

•

510

853

Caldwell,

1,599

1,887

Calloway, -

959

1,206

Campbell, -

1,225

1,282

Carroll,

614

846

Carter,

837

828

Casey,

No return.

960

Christian, -

1,298

2,085

Clay,

“

510

697

JOURNAL OF THE SENATE,

Additional list
re’td by Clerk.

Whole No. of Vo¬
ters.

For a Convention

COUNTIES.

999

668

638

787

932

384

562

903

1,687

. 863

No return.

540

560

1,160

696

1,440

575
1,768

No return.

304

1,473

417

1,397

1,195

576
1,244

573

1,566

4,831

793

427

1,473

912

674

473

754

212

1,025

851

551

1,251

1,432

820

614

2,073

521

786

1,192

944

No return.

1,122

No return.
1,017
1,367
1,062
761
902
453
586
251
633
1,809

Clarke, ”

Clinton, -
Crittenden, ‘

Cumberland, -

Daviess, -
Edmonson, *

Estill, ’

Fayette, ~

Fleming, -
Franklin, -

Floyd, ]

Fulton, *

Gallatin, -

Garrard, -
Grant, -
Graves,

Grayson, -
Green, -
Greenup, -
Hancock, -
Hardin, -
Harlan, -
Harrison, • • ‘

Hart, -
Henderson, *

Henry, *

Hickman, ' ’

Hopkins, - ‘ . 7„

Jefferson and city of Louisville,
Jessamine, -

Johnson, *

Kenton, -
Knox, -

Larue,

Laurel,
Lawrence, -
Letcher,
Lewis,

Lincoln,

Livingston,

Logan,

Madison, -

Marion,

Marshall,

Mason,

McCracken,

Meade,

Mercer,

Muhlenburg,

Monroe,

Montgomery,

Morgnn, -

Nelson,

Nicholas, -

Ohio,

Oldham,

Owen,

Owsley,

‘Pendleton,

Perry,

Pike,

Pulaski,

Jan. S.]

JOURNAL OF THE SENATE.

COUNTIES.

For a Convention.

Whole No. of Vo¬
ters.

Additional list
re’td by Clerk.

Rockcastle, -

Russell, ------

Scott, ------

Shelby, ------

Simpson, ------

Spencer, ------

Todd, ------

Trigg, ------

Trimble, ------

Union, ------

Warren, ------

Washington, - - - -

Wayne, ------

Whitley, -----

Woodford, -----

322

519

775

1,589

789

600

900

1.052

591

1,002

1,290

1,064

1,019

702

No return.

790

868

1,807

2.299
952

1,012

1,322

1,337

921

1.300
2,100
1,672
1,436

985

1,244

Total,.

136,945

366

Respectfully submitted.
Secretary’s Office, January 5, 184S.

W. D. REED, Secretary.

Ordered, That said report be referred to the committee on the Judiciary.

A message in writing, was received from the Governor, by Mr. Mitch¬
ell, Assistant Secretary of State.

The rule of the Senate being dispensed with, the said message was ta¬
ken up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, William J. Sandford to be Sheriff
ol Boone county, in place of Robert B. Vickers, who has vacated his office by
removal from the county. J

Daniel T. Cargill to be Sheriff of Graves county, in place of Thomas B
Brown, whose term is about to expire—the County Court having failed to
recommend in the time prescribed by the Constitution.

WM. OWSLEY.

Resolved, That the Senate advise and consent to the said appointments.

On the motion of Mr. J. Speed Smith,

Resolved, That the committee on Internal Improvement be instructed to
enquire into the policy and propriety of employing a portion of convict la¬
bel- of the State, in continuing the improvement of the road leading from
Louisville, by the mouth of Salt river, through Elizabethtown, to the Ten
nessee line; and on the road from Bardstown, through Glasgow, to the Ten¬
nessee line ; and on the road leading from Georgetown to Covington.

And then the Senate adjourned.

JOURNAL OF THE SENATE.

referred
take the

Jan. 10.] JOURNAL OF THE SENATE. 39

sense of the people of this State, as to the propriety of calling a Conven¬
tion, reported the same with amendments, which were concurred in.

Oideied, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hardin, from the same committee, to whom was referred bills from
the House of Representatives, of the following titles, to-wit:

An act to incorporate the town of West Point, in Hardin county.

An act for the benefit of Amanda Hutcheson and her children.

An act to enlarge the jurisdiction of the Police Judge of the town of
Henderson.

An act foi the benefit of Edward B. Gibson, of Simpson county.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as'afore¬
said.

Mr. Hardin, from the same committee, to whom was referred a bill for
the benefit of Urath O. Hundley and others, reported the same with an
amendment, which was concurred in.

Ordered, That said bill be engrossed and read a third time.

The constitutional rule as to the third reading of said bill being dispensed
with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled, an act to
change the names of E. H. Marrs, C. W. Marrs and W. O. B. Marrs, report¬
ed the same with an amendment, which was concurred in.

Ordered, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof
be amended by adding, “and others.”

Mr. Boyd, from the committee on Religion, reported the following bills
to-wit: & *

A bill to incorporate the Christian Church at Stanford.

A bill to appoint Trustees for the Ash Ridge Church and burving ground
in Fayette county.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

JOURNAL OF THE SENATE. [ Ja

and that the titles thereof be as

Resolved, That said bills do pass,
said.

The following bills were reported from select committees to-wnt
By Mr. McMilltm-1. A bill to emend the charter of the Colhsle end

Sharpsburg Turnpike Company. r williim Arnett

By same-2. A bill for the benefit of the children of William Arnett,

a "ByMnGrey-3. A bill to regulate the lime of holding the Circuit and

County Courts in Christian county. e , r ir pr .

By Mr. Hawkins-4. A bill for the benefit of Presley Steward, of Ken-

ton county. . ,, , firsl time , and ordered to be read a

2d and 3d were referred to the committee on the Judiciary, anu
4th were ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of said 1st and 4lh bills be-

disnensed with, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afoie-

said.

On the motion of Mr. Hob
on the Penitentiary.

On the motion of Mr. Hai
tee on the Judiciary.

Leave was given to bring
On the motion of Mr. I
the Electric Telegraph in
On the motion of Mr. Rice-

Lawrence county. . ,

On the motion of Mr. J. Speed Smith—3. A bill to

On the motion of Mr. Wall—4. A bill for t-

riS OnThe n motion of Mr. Evans-5. A bill to amend the laws of the State

in relation to divorces.

Messrs. Hobbs, J. Speed »
ed a committee to prepare
Patterson and Hobbs the 3c
prepare and bring in the 2d and 4th;

the 5th.

On the motion of Mr. Patterson,

Resolved, That the committee on Ii
enquire into ihe propriety and expec

in the following bills, to-wit:
bbs—1. A bill to facilitate the constiuction of

the State of Kentucky.

-2. A bill for the benefit of Thomas 1 rime, ot

> amend the militia law.
the benefit of the Jailer of Har-

mith, Hardin, James and Walker were appoint-
and bring in the 1st; Messrs. J. Speed Smith,
; the committee on Finance was directed to
and the committee on the Judiciary

- r KJt.

Jan. 11.]

JOURNAL OF THE SENATE.

convict labor of the Penitentiary, in finishing the work necessary to the
completion of the Logan, Todd and Christian Turnpike road, commencing
in Logan county, and terminating at Eddyville, in Caldwell county, and
that they report as early as practicable.

On the motion of Mr. J. Speed Smith,

Resolved, That the Public Printer forthwith print 150 copies of the arti¬
cles of impeachment against John A. Duff, Surveyor of Perry county, and
also of the response of said Duff to the charges preferred against him, for
the use of the Senate.

Bills from the House of Representatives, of the following titles, were
severally read the first time, to-wit:

1. An act for the benefit of the heirs of Simeon H. Anderson, deceased.

2. An act for the benefit of Frederick A. Kennon and Harriet L., his wife.

3. An act authorizing the Trustees of the town of Cadiz, in Trigg coun¬
ty, to sell certain grounds.

4. An act for the relief of George M. Green.

5. An act continuing in force the law providing for the appointment of
Commonwealth’s Attorneys.

6. An act to divorce William Wilkinson from his wife, Juliana Wilkinson.

7. An act for the benefit of Benjamin Collins.

8. An act establishing the county of Taylor.

• 9. An act giving the County Court of Russell power to sell a portion of
Lot No. —, on which the jail is situated.

10. An act for the benefit of William A. Butt.

Ordered, That said bills be read a second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, they were referred—the 1st, 2d, 3d, 5th and 9th to the committee
on the Judiciary; the 4th, 8th and 10th to the crmmittee on Propositions
and Grievances; and the 6th and 7th to the committee on Religion.

And then the Senate adjourned.

TUESDAY, JANUARY 11, 1848.

A message was received from the House of Representatives, announcing
that they had passed bills from the Senate, of the following titles, to-wit:

An act for the benefit of Mary C. Parker.

An act to change the name of William G. Musgrove.

With an amendment to the last named bill, which was concurred in.

JOURNAL OF THE SENATE,

That they had passed bills of the following titles, to-witi

1. An act for the benefit of William Andrews, of Monroe county.

2. An act to provide for running the dividing line between Bracken and
Pendleton.

3. An act for the benefit of Martin Draper, late Sheriff of Grant county.

4. An act for the benefit of John A. Bledsoe.

5. An act allowing an additional Justice of the Peace to the county of
Daviess.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, they were referred—the 1st, 2d and 5th to the committee on Propo¬
sitions and Grievances, and the 3d and 4th to the committee on the Judicia-

JOURNAL OF THE SENATE.

Jan. 11.]

An net giving the County Court of Russell power to sell a portion of lot
]Nf 0 , — ) on which the jail is situated.

An act authorizing the Trustees of the town of Cadiz, in Trigg county,
to sell certain ground.

An act continuing in force the law providing for the appointment of Com¬
monwealth’s Attorneys.

Reported the same without amendment.

Ordered , That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Hardin, from the same committee, to whom was referred a bill
from the House of Representatives, entitled, an act to authorize the taking
of depositions of officers and soldiers on foreign service, reported the same,
with the opinion of the committee that it ought not to pass.

The question being taken on reading said bill a third time, it was decided
in the negative, and so the said bill was disagreed to.

Mr. Hardin, from the same committee, to whom was referred a bill to
amend the charter of the Shepherdsville Iron Manufacturing Company, re¬
ported the same, with the opinion of the committee that it ought not to pass.

The question being taken on engrossing and reading said bill a third time,
it was decided in the negative, and so the said bill was rejected.

Mr. Hardin, from the same committee, to whom was referred the petition
of Joseph Hardaway, reported the following resolution thereon, to-wit:

Resolved, That said petition be rejected.

Which was twice read and concurred in.

Mr. Crenshaw, from the same committee, reported a bill authorizing the
County Court of Barren to purchase a lot, on which to erect a jail, and for
other purposes, which was read the first time, and ordered to be read a sec¬
ond time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred bills from the House of Representatives of the following ti¬
tles, to-wit:

An act to allow an additional Justice of the Peace to Graves county,
and an additional Constable to Logan county.

An act to amend the laws in relation to the town of Bowlinggreen.

An act to change the name of George Henderson Robertson, and for
other purposes.

JOURNAL OF THE SENATE.

[Jan. 11.

An act for the benefit of James T. Pettus;

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Walker, from the same committee, reported a bill for the benefit of
Patrick Hickman, which was read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

The question was taken on the passage of said bill, and it was decided in
the affirmative.

The yeas and nays being required thereon by Messrs. Taylor and Hardin,
were as follows, to-wit:

Those who voted in the affirmative, were—

. Bradley,

Hardin,

Russell,

Bramlette,

Hawkins,

Swope,

Brien,

Helm,

Thomas,

Crenshaw,

Hobbs,

Thornton,

Evans,

James,

Thurman,

Fox,

Marshall,

Walker,

Grey,

Hambleton,

McNary,

Patterson,

White—23.

Those who voted in the negative, were—

Messrs. Bovd, Speed Smith, Wall,

Heady, Taylor, Williams,

Holloway, Todd, Young—10.

McMillan,

Resolved, That the title of the said bill be as aforesaid.

Mr. Walker, from the same committee, reported a bill for the benefit of
William T. Long, of Clinton county, which was read the first time, and or¬
dered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. James, from the committee on Finance, reported a bill authorizing
certain County Courts to appoint Commissioners of Tax at the December
term, and prescribing the further duties of Commissioners of Tax, which
was read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

JOURNAL OF THE SENATE.

Jan. 11.]

The question was taken on the passage of said bill, and it was decided in
the affirmative.

The yeas and nays being required thereon by Messrs. Wall and J. Speed
Smith, were as follows, to-vvit:

Those who voted in the affirmative, were—

■ Boyd,

Heady,

Speed Smith,

Bradley,

Helm,

Swope,

Bramlette,

Hobbs,

Taylor,

Brien,

Holloway,

Thomas,

Crenshaw,

James,

Thornton,

English,

Marshall,

Thurman,

Evans,

McMillan,

Todd,

Fox,

McNary,

Walker,

Grey,

Patterson,

White,

Hambleton,

Rice,

Williams,

Hardin,

Russell,

Young—35.

Hawkins,

Slaughter,

In the negative—Mr. Wall.

Resolved, That the title of said bill be as aforesaid.

Mr. James, from the same committee, reported a bill to equalize the com¬
pensation for the collection of the revenue tax, which was read the first time
and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

The following bills were reported from select committees, to-wit:

By Mr. J. Speed Smith—1. A bill to amend the 65th section of the mili¬
tia law.

By Mr. Hobbs—2. A bill to facilitate the construction of the Electric Tel¬
egraph.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, the 1st was referred to the committee on Military Affairs, and the
2d was ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of the 2d bill being dispens¬
ed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

The Speaker laid before the Senate a communication from L. Jones, which
was laid on the table.

Leave was given to bring in the following bills, to-wit:

46 JOURNAL OF THE SENATE. [Jan. 12.

On the motion of Mr. J. Speed Smith—1. A bill to incorporate the Rich*
mond Cemetery Company.

On the motion of Mr. Williams—2. A bill for the benefit Eveline Adams.

On the motion of Mr. Helm—3. A bill to continue in force the 4th sec¬
tion of an act, entitled, an act to amend the charter of the Louisville and
Elizabethtown Turnpike Road Company, and Covington and Lexington
Turnpike Company.

On the motion of same—4. A bill to regulate the judgments for costs in
suits brought by executors and administrators.

On the motion of same—5. A bill authorizing the taking and reading the
depositions of Physicians in this Commonwealth.

On the motion of Mr. Evans—6. A bill for the benefit of Major Weath-
erspoon, of Allen county.

On the motion of Mr. Hawkins—7. A bill to define more particularly the
limits of the town of Hamilton, and for other purposes.

On the motion of Mr. Walker—8. A bill to authorize the Secretary of
State to furnish the State of Florida with certain reports of the laws of Ken¬
tucky.

On the motion of Mr. J. Speed Smith—9. A bill to amend the criminal
laws of this Commonwealth.

Messrs. J. Speed Smith, Williams and Grey were appointed a committee
to prepare and bring in the 1st; Messrs. Williams, Wall and Helm the 2d;
Messrs. Hawkins, Evans and Hambleton the 7th; Messrs. Walker, Helm and
J. Speed Smith the 8th ; Messrs. J. Speed Smith, Patterson and Williams
the 9th; the committee on Internal Improvement was directed to prepare
and bring in the 3d; the committee on the Judiciary the 4th and 5th ; and
the committee on Religion the 6th.

After proceedings as a High Court of Impeachment, as stated in the record,
The Senate adjourned.

WEDNESDAY, JANUARY 12, 1848.

A message was received from the House of Representatives, announcing
that they had concurred in the amendment proposed by the Senate, to a bill
from that tlouse, entitled, an act to change the names of E. H. Marrs, C. W.
Marrs and W. O. B. Marrs.

JOURNAL OF THE SENATE.

Jan. 12.]

That they had disagreed to a bill from the Senate, entitled, an act limiting
the jurisdiction of the General Court in certain cases.

That they had passed bills from the Senate, of the following titles, to-wit:

An act for the benefit of Urath 0. Hundley and others.

An act to incorporate the Christian Church at Stanford.

An act to appoint Trustees for the Ash Ridge Church and burying ground,
in Fayette county.

An act to amend the charter of the Carlisle and Sharpsburg Turnpike
Company.

An act for the benefit of Presley Steward, of Kenton county.

That they had passed bills of the following titles, to-wit:

1. An act to authorize the County Court of Knox to appoint a Constable
in the district including the town of Barboursville.

2. An act for the benefit of James S. Smallwood.

3. An act allowing two additional Justices of the Peace to the county of
Muhlenburg.

4. An act for the benefit of Thomas St. Clair Lowe and George Wilson

Jones.

5. An act for the benefit of the widow and heirs of John Duke, deceased.

6. An act for the benefit of Keziah E. Young and Sarah Young.

7. An act for the benefit of the Sheriff of Hart county.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dis¬
pensed with, they were referred—the 1st, 3d and 4th to the committee on
Propositions and Grievances; the 2d and 7th to the committee on Fi¬
nance; and the 5th and 6th to the committtee on the Judiciary.

The Speaker laid before the Senate a communication from the Auditor in
relation to State bonds and coupons destroyed by burning, which is as fol¬

lows, to-wit:

Auditor’s Office, January 1 It/t, 1848.
Sir- I herewith enclose to you a copy of the list of State bonds and cou¬
pons burned on the 30th December, 1847. Respectfully

F H. I. BODLEY, Auditor.

Hon. A. Dixon,

Speaker of the Senate.

[For Report—see Legislative Documents .]

Ordered, That said report be referred to the committee on the Sinking
Fund, and that the Public Printer print 150 copies thereof for the use
of the General Assembly.

The Speaker laid before the Senate the annual report of the Commission¬
ers of the Sinking Fund, which is as follows, to-wit:

JOURNAL OF THE SENATE.

[Jai*. 12.

Auditor’s Office, January 12, 1848.

Sir : You will please lay before the House over which you preside, the an¬
nual report of the Commissioners of the Sinking Fund.

Respectfully, H. I. BODLEY,

Auditor and Secretary of the Board.

Hon. A. Dixon,

Speaker of the Senate.

[For Report—see Legislative Documents.']

Ordered , That said report be referred to the committee on the Sinking
Fund, and that the Public Printer print 150 copies thereof for the use
of the General Assembly.

1. Mr. Hobbs presented the petition of John Wright, and Elizabeth his
wife, praying for the passage of a law legalizing their marriage.

2. Mr. Bramlette presented the petition of Calvin Johnson, of Clinton
county, praying for the passage of a law divorcing him from his wife, Mary
Johnson.

3. Mr. Thurman presented the petition of James L. Ballard and Matilda
Ballard, praying for the passage of a law authorizing them to make convey¬
ance of a tract of land sold by them to A. J. Mitchell.

4. Mr. Crenshaw presented the petition of Moses Kirkpatrick, of Mon¬
roe county, praying for the passage of a law permitting him to import into
this State, a negro boy named Bill, from the State of Tennessee, without in¬
curring the penalty of the law of 1833, to prohibit the importation of slaves
into this State.

Which petitions were severally received and referred—the 1st and 2d to
the committee on Religion; the 3d to the committee on the Judiciary; and
the 4th to the committee on Propositions and Grievances.

Mr. Bradley, from the joint committee on Enrollments, reported that the
committee had examined enrolled bills and enrolled preamble and resolutions
which originated in the Senate, of the following titles, and had found the
same truly enrolled, to-wit:

An act for the benefit of John Caruth, of Allen county.

An act for the benefit of William B. Carlisle, Sheriff of Green county.

An act for the benefit of L. D. Berry, of Hickman county.

An act to amend an act for the benefit of John U. Watson and Pemberton
Cave, approved February 17,1847.

An act for the benefit of William Wood, Surveyor of Clinton county, and
for other purposes.

An act to change the name of Elizabeth G. M. Douglass.

An act to exempt certain property, in the town of Flemingsburg, from
town tax.

An act for the benefit of Rice Maxey.

JOURNAL OF THE SENATE.

Jan. 12.]

An act directing proclamation to be made of the readiness of the State of
Kentucky to redeem her unpaid six year bonds.

A resolution to fire a national salute on the Sth of January.

Preamble and resolutions inviting General Taylor to visit the Capital of
Kentucky.

Resolutions concerning newspaper postage.

And enrolled bills and enrolled resolutions which originated in the House
of Representatives, of the following titles, to-wit:

An act for the benefit of E. T. White, Deputy Sheriff of Daviess county.

An act to change the name of Maria A. Peyton.

An act to change the name of Nancy J. Yates to that of Nancy J. Wil¬
son, and for other purposes.

An act to legalize the proceedings of the Ohio County Court.

An act to change the name of John M. Hall.

An act to incorporate the Franklin Institute, in the town of Lancaster.

An act to enlarge the powers of the Board of Internal Improvement for
•Graves county.

An act to change the names of certain citizens of Crittenden county,
and for other purposes.

An act for the benefit of the Clerks of the Union County and Circuit
Courts.

An act to change the time of holding the April Term of the Union Coun¬
ty Court. •

An act to legalize the proceedings of the November Term of the Pu¬
laski County Court, and for other purposes.

An act for the benefit of Southern College.

An act to change the names of Joel R. Allcock, and others.

An act for the benefit of the officers and soldiers in the war with Mexico.

Resolution to appoint a committee to visit the Lunatic Asylum.

Resolutions in relation to the erection of a monment to the memory of
the heroes of Buena Vista.

And had found the same truly enrolled.

The said bills and resolutions having been signed by the Speaker of the
House of Representatives, the Speaker of the Senate affixed his signature
thereto, and they were delivered to the committee to be presented to the
Governor for his approbation and signature. After a short time Mr. Bradley
reported that the committee had performed that duty.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred a bill from the Plouse of Representatives, entitled, an act es¬
tablishing the county of Taylor, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

JOURNAL OF THE SENATE.

[Jan. 12.

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Walker, from the same committee, to whom was referred the peti¬
tion of Roberson Brown and wife, reported the following resolution thereon,
to-wit:

Resolved, That said petition be rejected.

The question being taken on concurring in the said resolution, it was de¬
cided in the negative.

The yeas and nays being required thereon by Messrs. Patterson and Wil¬
liams, were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Boyd, Patterson, Taylor,

Hardin, Slaughter, Todd,

Hobbs, Speed Smith, Wall,

Holloway, Swope, Williams—13.

McMillan,

Those who voted in the negative, were—

Messrs. Bradley, Grey, Thomas,

Bramlette, Hambleton, Thornton,

Brien, Hawkins, Thurman,

Crenshaw, Heady, Walker,

Draffin, James, White,

English, McNary, Young—20.

Evans, Russell,

Ordered, That said committee prepare and reporta bill pursuant to said
petition.

After a short time Mr. Walker reported a bill for the benefit of Roberson
Brown, of Allen county, which was read the first time, and ordered to be
read a second time.

The constitutional rule as to the second reading being dispensed with,

The question was taken on engrossing and reading said bill a third time,
and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Patterson and Evans,

were as follows,to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley, Hambleton, Thomas,

Bramlette, Hawkins, Thornton,

Brien, Heady, Thurman,

Crenshaw, James, Walker,

Draffin, Marshall, White,

Evans, McNary, Young—20.

Grev, Russell,

Jan. 12.]

JOURNAL OF THE SENATE.

Messrs. Boyd,
Hardin,
Hobbs,
Holloway,

Those who voted in the negative, were—

McMillan, Taylor,

Patterson, Todd,

Slaughter, Wall—11.

Swope,

The constitutional rule as to the third reading of said bill being dispensed
with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

A message, in writing, was received from the Governor, by Mr. Reed,
Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, O. M. DeCourcey to be Sheriff
of Campbell county in place of George Morin, resigned.

WM. OWSLEY.

Resolved, That the Senate advise and consent to the said appointment.

Mr. J. Speed Smith, from the committee on Internal Improvement, re¬
ported a bill to connect the Kentucky River Navigation with the Louisville
and Crab Orchard Turnpike road, in Mercer county, which was read the
first time, and ordered to be read a second time.

The constitutional rule as to the second reading of said bill being dispens¬
ed with, it was placed in the orders of the day, and the Public Printer was
directed to print 150 copies thereof for the use of the General Assembly.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Draffin—I. A bill to authorize the payment of that
part of the Common School Fund going to Districts No. 11 and 12, in Mer¬
cer county.

On the motion of Mr. Williams—2. A bill to amend the charter of the
Covington and Lexington Turnpike Road Company.

On the motion of Mr. Hobbs—3. A bill to amend the charter of the Shep-
herdsville and Louisville Turnpike Road.

On the motion of Mr. Hawkins—4. A bill to amend the charter of the
Dry Run and Covington Turnpike Road Company.

On the motion of same—5. A bill to incorporate the Rough and Ready
Turnpike Road Company, in Boone county.

The committee on Education was directed to prepare and bring the 1st;
the committee on Internal Improvement the 2d, 4th and 5th; and Messrs.
Hobbs, J. Speed Smith and Heady were appointed a committee to prepare
and bring in the 3d.

Mr. James read and laid on the table the following joint resolution,
to-wit:

JOURNAL OF THE SENATE.

[Jan. 13.

Resolved by the General Assembly of the Commonwealth of Kentucky,
That the joint committee on Banks be directed to visit, in person, the sev¬
eral Banks in Louisville, if in the discharge ot their duty they shall deem it
necessary.

Mr. J. Speed Smith, from a select committee, reported a bill to incorpoi ate
the Richmond Cemetery Company, which was read the first time, and oi-
dered to be read a second time.

The constitutional rule as to the second reading being dispensed with,
said bill was ordered to be engrossed and read a third time.

A message in writing, was received from the Governor, by Mr. Mitch¬
ell, Assistant Secretary of State.

The rule of the Senate being dispensed with, the said message was ta¬
ken up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, E. C. 1 luster to be Mayor ol
Maysville.

Joseph H. McBeath to be Police Judge of Somerset.

Thomas Bristow to be Sheriff of Clinton county—the County Court hav¬
ing failed to recommend said officer in the time prescribed by the Constitu-

tio ° WM. OWSLE1.

Resolved, That the Senate advise and consent to the said appointments.
On the motion of Mr. James,

Resolved, That the committee on the Judiciary enquire into the expedien¬
cy of passing a law providing for the more speedy settlement with Sheriffs,
where the estates of deceased persons have been ordered into their hands.

After proceedings as a High Court of Impeachment, asstated on the record,
The Senate adjourned.

THURSDAY, JANUARY 13, 1848.

A message was received from the House of Representatives, announcing
that they had passed a bill from the Senate, entitled, an act authorizing the
County Court of Barren to purchase a lot, on which to erect a jail, and for
other purposes.

That they had passed bills of the following titles, to-wit:

1. An act to amend an act, entitled, an act to reduce into one the several
acts exempting property from execution, and for other purposes, approved
February 7,1845.

Jan. 13.] JOURNAL OF THE SENATE.

2. An act for the benefit of James IJambel, and lor other purposes.

3. An act to divorce Eliza Turner.

4. An act to divorce Susanna Peters and change her name.

5. An act for the benefit of Marcus R. Hardin.

6. An act for the benefit ot Nelson D. Bennett.

Which bills were severally read the first time, and ordered to be read a

second time.

The constitutional rule as to the second reading of said bills being dispens-
pensed with, thev were referred—the 1st and 2d to the committee on
the Judiciary; and the 3d, 4th, 5th and 6th to the commititee on Religion.

Mr. Thomas presented the petition of Sarah Lane, of Kenton county,
praying for the passage of a law divorcing her from her husband, Alexander
Lane.

Which was received and referred to the committee on Religion.

Mr. Walker, from a select committee, reported a bill authorizing the Sec¬
retary of State to furnish the State of Florida with certain reports of the
Appellate Court, which was read the first time, and ordered to be read a sec¬
ond time.

The constitutional rule as to the second and third readings of said oill be¬
ing dispensed with, and the same being engiossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. J. Speed Smith,

Resolved, That the Sergeant-at-Arms shall have power to appoint one or
more deputies to execute process and summon witnesses in the case of the
impeachment of John A. Duff.

Mr. J. Speed Smith, from the committee on Internal Improvement, re¬
ported the following bills, to-wit:

A bill to amend the charter of the Covington and Lexington 1 urnpike

Road Company. . , „ „ ,

A bill to amend an act, entitled, an act to incorporate the Dry Run and

Covington Turnpike Road Company.

Which bills were severally read the first time, and ordered to be read a

second time. ...... ,

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

A message was received from the Governor, by Mr. Reed, Secietaiy
of Stale, announcing that the Governor had approved and signed en¬
rolled resolutions and bills, which originated in the Senate, of the follow¬
ing titles viz:

JOURNAL OF THE SENATE.

[Jan. 13.

Resolutions concerning newspaper postage.

An act for the benefit of John Caruth, of Allen county.

An act for the benefit of L. D. Berry, of Hickman county.

A resolution to fire a national salute on the 8th of January.

An act to amend an act for the benefit of John U. Watson and Pemberton
Cave, approved February 17, 1847.

An act to change the name of Elizabeth G. M. Douglass.

An act directing proclamation to be made of the readiness of the State of
Kentucky to redeem her unpaid six year bonds.

Preamble and resolutions inviting Gen. Taylor to visit the capital of Ken¬
tucky. Approved January 13, 184S.

On the motion of Mr. Hardin, the committee on the Judiciary was dis¬
charged from the duty of preparing and bringing in a bill to amend the laws
in relation to chancery proceedings.

On the motion of Mr. Hardin, the committee on the Judiciary was dis¬
charged from the further consideration of a resolution to them referred, con¬
cerning the expediency and propriety of amending the law in relation to
sureties in injunction bonds, restraining orders, &c.

Mr. Hardin, from the committee on the Judiciary, reported a bill to add
an additional term to the Allen Circuit Court, which was read the first time,
and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Plardin, from the same committee, to whom was referred a bill to
modify and change the law of 1833, prohibiting Ihe importation of slaves in¬
to this Commonwealth, reported the same, with the opinion of the commit¬
tee that it ought not to pass.

Ordered, That said bill be committed to a committee of the whole house,
on the state of the Commonwealth, and that it be made the special order of
the day for Thursday next, the 20th inst., and that the Public Printer print
150 copies thereof for the use of the General Assembly.

Mr. Hardin, from the same committee, to whom was referred bills
from the House of Representatives, of the following titles, to-wit:

An act for the benefit of the widow and heirs of John Duke, deceased.

An act for the benefit of Keziah E. Young and Sarah Young.

An act for the benefit of Martin Draper, late Sheriff of Grant county.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Jan. 13.] JOURNAL OF THE SENATE. 55

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Hardin, from the same committee, to whom was referred the petition
of George T. Edwards, reported the following resolution thereon, to-wit:
Resolved, That said petition be rejected.

The question being taken on concurring in said resolution, it was decided
in the negative, and so the said resolution was rejected.

Ordered, That said committee prepare and report a bill pursuant to said
petition.

Mr. Rice, from the same committee, reported a bill to change the law on
filing bills of revivor in chancery, which was read the first time, and order¬
ed to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Boyd, from the committee on Religion, reported a bill for the benefit
of John Wright and Elizabeth his wife, which was read the first time, and or¬
dered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. James, from the committee on Finance, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of the
Sheriff of Hart county, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. James, from the same committee, reported a bill for the benefit of
Joseph Hinkle, of Muhlenburg county.

Mr. Evans, from the committee on Education, reported a bill for the ben¬
efit of the Common School Commissioners in Mercer county.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

On the motion of Mr. Swope,

Resolved, That the committee on Internal Improvement be instructed to
enquire into the validity of the claim of William Rowlett, for damages oc-

JOURNAL OF THE SENATE.

[Jan. 13.

cnsioned by the erection of Lock and Dam, No. on the Kentucky river,
and that they investigate the testimony upon which the claim is founded,
and report by bill or otherwise.

On the motion of Mr. J. Speed Smith,

Resolved, That the committee on the Judiciary enquire into the expedien¬
cy of enlarging the powers of curators.

Mr. Bradley, from the committee on Enrollments, reported that the
committee had examined an enrolled bill, which originated in the House of
Representatives, entitled, an act establishing the county of Taylor, and had
found the same- truly enrolled.

The said bill having been signed by the Speaker of the House of Repre¬
sentatives, the Speaker of the Senate affixed his signature thereto, and it
was delivered to the committee to be presented to the Governor for his ap¬
probation and signature. After a short time Mr. Bradley reported that
the committee had performed that duty.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Williams—1. A bill to amend an act to incorporate
the Georgetown and Paris Turnpike Road Company, passed March 1, 1847.

On the motion of Mr. Swope—2. A bill to provide for the completion
of the unfinished works on Licking river.

On the motion of Mr. Hawkins—3. A bill granting certain powers to the
Trustees of the town of Petersburgh, in Boone county, and for other pur¬
poses.

On the motion of Mr. J. Speed Smith—4. A bill to set apart, and dedicate
to the purposes of general education and a continuation of the slackwater
navigation on the Kentucky river, the nett proceeds of the improvements
now made, and which may hereafter be made on said river.

On the motion of Mr. Thomas—5. A bill to amend the charter of the
town of Newport.

The committee on Internal Improvement was directed to prepare and
bring in the 1st and 4th ; the committee on the Judiciary the 3d and 5th ;
and Messrs. Swope, Wall, Thomas and Williams were appointed a commit¬
tee to prepare and bring in the 2d.

An engrossed bill entitled, an act to incorporate the Richmond Cemetery
Company, was read the third time.

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

The joint resolution read and laid on the table by Mr. .Tames, on yester¬
day, concerning the committee on Banks, was taken up, twice read and
adopted.

And then the Senate adjourned.

Jan. 14.]

JOURNAL OF THE SENATE.

FRIDAY, JANUARY 14, 1848.

A message was received from the House of Representatives, announc¬
ing that they had received official information tha^ the Governor had ap-
approved and signed enrolled bills and an enrolled resolution, which ori¬
ginated in that House, of the following titles, viz:

An act to change the name of Maria A. Peyton.

An act for the benefit of the officers and soldiers in the war with Mexico.

An act to change the names of certain citizens of Crittenden county,
and for other purposes.

An act to change the name of Nancy J. Yates to that of Nancy J. Wil¬
son, and for other purposes.

An act for the benefit of Southern College.

An act to change the time of holding the April Term of the Union Coun¬
ty Court.

An act to change the name of John M. Hall.

An act to legalize the proceedings of the Ohio County Court.

Resolution to appoint a committee to visit the Lunatic Asylum.

Approved January 12, 1848.

An act to establish the county of Taylor.

Approved Janruary 13, 1848.

That they had passed bills from the Senate, of the following titles, to-wit:

An act to amend an act, entitled, an act authorizing the Auditor to correct
certain mistakes, and to issue warrants on the Treasury in certain cases, ap¬
proved January 23,1813.

An act for the benefit of Roberson Brown, of Allen county.

That they had passed bills of the following titles, to-wit:

1. An act for the benefit of the Clerk of the Fulton County Court.

2. An act for the benefit of Moses Cawood, late Sheriff of Harlan county.

3. An act to authorize Thomas Bratcher to raise his mill dam on Caney
creek, in Grayson county.

4. An act for the benefit of certain Common School Districts.

5. An act for the benefit of the Clifton Guards, in Woodford county.

6. An act authorizing the Court of Assessment for the 106th Regiment of
Kentucky Militia, to hold the court on the first Monday in April.

7. An act to amend an act, entitled, an act to incorporate the Faculty of
the Western Military Institute.

Which bills were severally read the first time, and ordered to be read a
second time.

. - •• $■-[ ■

58 JOURNAL OF THE SENATE. [Jan. 14.

The constitutional rule as to the second reading of said bills being dispens-
pensed with, they were referred-the 1st to the committee on the Ju¬
diciary; the 2d to" the committtee on Finance; the 3d to the committee on
Internal Improvement; the 4th and 7th to the committee on Education ; and
the 5th and 6th to the committee on Military Affairs.

Mr. Hardin presented to the Senate the annual report of the 1 rustees of
the Kentucky Institution for the Deaf and Dumb, at Danville, which is as
follows, to-wit:

[For Report—see Legislative Documents .]

Ordered, That said report be referred to the committee on Finance,
and that the Public Printer print 1000 copies thereof for the use of the
Senate.

1 Thurman presented the petition of Edward Thompson, praying

for the passage of a law allowing him compensation for keeping two idiots

named George and Lewis Pike. _ ,

2. Mr. Hobbs presented the petition of sundry citizens of the city ot
Louisville, praying for the passage of a law incorporating the Kentucky Col¬
lege of Medicine and Surgery, in said city.

Which petitions were received and referred—the 1st to the committee on
Finance, and the 2d to the committee on Education.

Mr. Hardin, from the committee on the Judiciary, reported a bill author¬
izing certain deed books of Logan County Court to be transcribed, which was
read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be-
int* dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Boyd, from the committee on Religion, to whom was a referred a bill
from the House of Representatives, entitled, an act to divorce Eliza Turner,
reported the same, with the opinion of the committee that it ought not to
pass.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bill do pass, and that the title thereof be as afore-

Mr. Boyd, from the same committee, to whom was referred a bill from the

House of Representatives, entitled, an act for the benefit of Benjamin Col¬
lins, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

JOURNAL OF THE SENATE.

Jan. 14.]

Mr. Boyd, from the same committee, to whom was referred bills from
the House of Representatives, of the following titles, to-wit:

An act to divorce Susanna Peters and change her name.

An act to divorce William Wilkinson from his wife, Juliana Wilkinson.

Reported the same, with the opinion of the committee that they ought
not to pass.

The question being taken on reading the said bills a third time, it was
decided in the negative, and so the said bills were disagreed to.

Mr. J. Speed Smith, from (he committee on Internal Improvement, to
whom was referred a bill to amend an act, approved the 1st of March, 1847,
chartering a company to construct a railroad from Frankfort to Louisville,
reported the same, with the opinion of the committee that it ought not to
pass.

The question being taken on engrossing and reading said bill a third time,
it was decided in the negative, and so the said bill was rejected.

Mr. J. Speed Smith, from the same committee, to whom was referred a
bill from the House of Representatives, entitled, an act to amend the road
law in the county of Trimble, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Helm, from the committee on Finance, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of Jas.
S. Smallwood, reported the same with an amendment, which was concurred
in.

Ordered, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof
be as aforesaid.

Mr. Heady, from the committee on Military Affairs, to whom was refer¬
red a bill to amend the 65th section of the militia law, reported the same
with an amendment.

Mr. Williams moved an amendment as a substitute for said bill and
amendment, which was amended and concurred in.

Ordered, That said bill be engrossed and read a third time.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Bradley—1. A bill to change the time of holding
the Hopkins County Court.

On the motion of Mr. Evans—2. A bill for the benefit of Benjamin W.
Burge,of Warren county,

JOURNAL OF THE SENATE.

[Jan. 15.

On the motion of Mr. Thurman—3. A bill to change the venue in the
case of the Commonwealth against William McCoy, David James, Mathew
Clay, William Ratliffe and James Howard, who stand indicted in the Law¬
rence Circuit Court.

On the motion of Mr. Helm—4. A bill to prevent the sale of spirituous
liquors to slaves.

The committee on the Judiciary was directed to prepare and bring in
the 1st and 3d ; Messrs. Evans, Draffin and Hawkins were appointed a com¬
mittee to prepare and bring in the 2d ; and Messrs. Helm, Russell and Thur¬
man the 4th.

Mr. Evans, from a select committee, reported a bill for the benefit of Ben¬
jamin W. Burge, of Warren county, which was read the first time, and or¬
dered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

A bill to connect the Kentucky River Navigation with the Louisville and
Crab Orchard Turnpike road, in Mercer county, was taken up and referred
to a committee of the whole House, on the state of the Commonwealth, and
made the special order of the day for Wednesday next, the 19th inst.

On the motion of Mr. Boyd, the vote by which a bill from the House of
Representatives, entitled, an act to divorce William Wilkinson from his wife,
Juliana Wilkinson, was disagreed to, was reconsidered, and said bill was re¬
ferred to the committee on Religion.

And then the Senate adjourned.

SATURDAY, JANUARY 15, 184S.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments proposed by the Senate, to a bill
from that House, entitled, an act to re-take the sense of the people of this
State as to the propriety of calling a Convention.

That they had passed bills from the Senate, of the following titles, to-wit:
An act for the benefit of the heirs of David Mize, deceased.

An act for the benefit of the children of Thomas D. Helm, deceased.

JOURNAL OF THE SENATE.

Jan. 15.]

An act authorizing the Secretary of State to furnish the State of Florida
with certain reports of the Appellate Court.

That they had passed bills of the following titles, to-wit:

1. An act to remove the Seat of Justice of Mason county, from the town
of Washington to the city of Maysville.

2. An act to incorporate the Stickney Mining Company, of Crittenden
county.

3. An act to incorporate the Columbian Mining Company, of Crittenden
county.

4. An act for the benefit of the Sheriff of Floyd county.

5. An act to amend the law incorporating the town of Proctor, in Owsley
county.

6. An act to authorize the city of Covington to levy a special tax.

7. An act for the benefit of Janette Cornell.

8. An act directing a change of venue to Henry S. Logan and Benjamin
Raburn.

9. An act to amend the several acts to suppress duelling.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, they were referred—the 1st, 6th and 7th to the committee on Prop¬
ositions and Grievances; the 2d, 3d, 5th, 8th and 9th to the committee on
the Judiciary; and 4th to the committee on Finance.

Mr. Grey presented the petition of W. B. Whitaker, who stands indicted
in the Logan Circuit Court for murder, praying for the passage of a law
granting him a change of venue.

Which was received and referred to the committee on the Judiciary.

Mr. Boyd, from the committee on Religion, reported a bill to incorporate
the Bethlehem Cumberland Presbyterian Church, in Caldwell county, which
was read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Draffin, from the same committee, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of Marcus
R. Hardin, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

JOURNAL OF THE SENATE. [Jan. 15.

Mr. Bramlette, from the same committee, reported a bill for the benefit of
Calvin and Mary Johnson, of Clinton county, which was read the first time,
and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with, said
bill was amended, and ordered to be engrossed and read a thiid time.

The constitutional rule as to the third reading of said bill being dispens¬
ed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be amended
by adding thereto, “and Elizabeth Ann Deacon, ot Bullitt county.

Mr. J. Speed Smith, from the committee on Internal Improvement, re¬
ported a bill to amend an act to incorporate the Georgetown and Paris
Turnpike Road Company, which was read the first time, and ordered to be
read a second time.

The constitutional rule as to the second reading being dispensed with,
said bill was ordered to be engrossed and read a third time.

Mr. J. Speed Smith, from the same committee, to whom was referred a
bill to incorporate the Lexington and Newtown Turnpike Road Company,
reported the same without amendment.

Ordered, That said bill be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis-
pensd with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Slaughter,

Ordered, That a message be sent to the House of Representatives to ask
leave to withdraw the report of the disagreement of the Senate to a bill
from that House, entitled, an act to divorce Susanah Peters, and change her
name; and Mr. Slaughter was directed to carry said message.

The said bill having been returned to the Senate, the vote by which it
was disagreed to was reconsidered.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Evans, from the committee on Education, to whom was referred
bills from the House of Representatives, of the following titles, to-wit:

An act for the benefit of certain Common School Districts.

An act to amend an act, entitled, an act to incorporate the Faculty of the
Western Military Institute.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with*

JOURNAL OF THE SENATE.

Jan. 15.]

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. James—1. A bill for the benefit of Fleming Cayce,
of Hickman county.

On the motion of Mr. Hawkins—2. A bill for the benefit of Maria Graves,
of Boone county.

On the motion of Mr. Bradley—3. A bill to allow the Sheriff of Hopkins
county further time to make out and return his delinquent list of muster
fines, assessed by the 76th Regiment of Kentucky Militia for 1847.

On the motion of Mr. Patterson—4. A bill for the benefit of the infant
heirs of Augustus F. Jacob.

On the motion of Mr. J. Speed Smith—5. A bill to amend the charter of
the Frankfort Bridge Company, approved January 25,1S10.

On the motion of Mr. Helm—6. A bill to regulate the pleadings in de¬
mands set up against decedents estates.

On the motion of Mr. Wall—7. A bill to incorporate a turnpike road
from Newtown, in Scott county, by the way of Leesburg, to Cynthiana, in
Harrison county.

The committee on Finance was directed to prepare and bring the 1st, 2d
and 3d; the committe on the Judiciary the 4th ; the committee on Internal
Improvement the 5th and 7th ; and Messrs. Helm, Slaughter and Thurman
were appointed a committee to prepare and bring in the 6th.

Mr. Bradley, from the joint committee on Enrollments, reported that the
committee had examined enrolled bills, which originated in the Senate, of
the following titles, to-wit:

An act authorizing the County Court of Barren to purchase a lot, on
which to erect a jail, and for other purposes.

An act to amend the charter of the Carlisle and Sharpsburg Turnpike
Company.

An act for the benefit of Presley Steward, of Kenton county.

An act for the benefit of Mary C. Parker.

An act to appoint Trustees for the Ash Ridge Church and burying ground,
in Fayette county.

An act to change the name of William G. Musgrove, and for other pur¬
poses.

An act for the benefit of Roberson.Brown, of Allen county.

An act for the benefit of Urath O. Hundley and others.

An act to amend an act, entitled, an act authorizing the Auditor to
correct certain mistakes, and to issue warrants on the Treasury in certain
cases, approved January 23, 1813.

An act to incorporate the Christian Church at Stanford.

And enrolled bills which originated in the House of Representatives, of
the following titles, to-wit:

An act to enlarge the jurisdiction of the Police Judge of the town of
Henderson.

An act to incorporate the town of West Point, in Hardin county.

An act to change the names of E. H. Marrs, C. W. Marrs, and W. 0.
B. Marrs, and others.

An act for the benefit of Edward B. Gibson, of Simpson county.

An act to amend the laws in relation to the town of Bowlinggreen.

An act for the benefit of Amanda Hutcheson and her children.

An act giving the County Court of Russell power to sell a portion ol lot
No. —, on which the jail is situated.

An act for the benefit of the heirs of Simeon H. Anderson, deceased.

An act to allow an additional Justice of the Peace to Graves county,
and' an additional Constable to Logan county.

An act continuing in force the law providing for the appointment of Com¬
monwealth’s Attorneys.

An act authorizing the Trustees of the town of Cadiz, in Trigg county,
to sell certain ground.

An act to change the name of George Henderson Robertson, and for
other purposes.

An act for the benefit of James T. Pettus.

An act for the benefit of Frederick A. Kennon, and Harriet L., his wife.

And had found the same truly enrolled.

The said bills having been signed by the Speaker of the House of Repre¬
sentatives, the Speaker of the Senate affixed his signature thereto, and they
were delivered to the committee to be presented to the Governor for his ap¬
probation and signature. After a short time Mr. Bradley reported that
the committee had performed that duty.

Mr. J. Speed Smith, from the committee on Internal Improvement, re¬
ported a bill to amend the charter of the Frankfort Bridge Company, ap¬
proved January 25, 1810, which was read the first time, and ordered to be
read a second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

The question was taken on the passage of said bill, and it was decided
in the negative, and so the said bill was rejected.

A message, in writing, was received from the Governor, by Mr. Reed,
Secretary of State.

The rule of the Senate being dispensed with, the said message was ta¬
ken up, and read as follows, to-wit:

Jan. 15.]

JOURNAL OF THE SENATE.

Gentlemen of the Senate :

I nominate for your advice and consent, Thomas J. Hawks to be Po¬
lice Judge of the town of Hopkinsville.

Harvey McGuire to be Police Judge of the town of Harrodsburo-.

James M. Shephard to be Police Judge of the town of Georgetown.

D. C. Tuttle to be Commissioner of Deeds, &c., for Kentucky^ in the State
of Missouri.

Elliott Calvert to be Commissioner of Deeds, &c., for Kentucky, in the
State of Massachusetts.

Frederick Colton to be Commissioner of Deeds, &c., for Kentucky, in the
State of Ohio.

Lysander G. Gordon to be Notary Public of Hopkins county.

Burr H. Bemiss to be Police Judge of the town of Blandville.

A. D. Kingman to be Police Judge of the town of Hickman.

R. H. Barker to be Commissioner of Deeds, &c., for Kentucky, in the State
of Louisiana.

W. C. Ireland to be Police Judge of the town of Clarksburg
Ballard Smith to be Notary Public of Jefferson county.

Jabez D. Piatt to be Commissioner of Deeds, &c., for Kentucky, in the
State of Maryland.

Thomas Kelly to be Notary Public of Bourbon county.

A. C. Ainsworth to be Commissioner of Deeds, &c., for Kentucky, in the
State of Louisiana.

Charles Alexander to be Notary Public of Woodford county.

Henry H. Baker to be Commissioner of Deeds, &c., for Kentucky, in the
State of South Carolina.

Henry Wilkins to be Commissioner of Deeds, &c., for Kentucky, in the
State of Maryland.

James B. Haggin to be Commissioner of Deeds, &c., for Kentucky, in the
State of Mississippi.

Joshua Mitchell to be Commissioner of Deeds, &c., for Kentucky, in the
State of Pennsylvania.

Joseph Gray to be Sergeant of the Court of Appeals, in place of James
C. Coleman, resigned. WM. OWSLEY.

Resolved , That the Senate advise and consent to the said appointments.

Mr. Evans read and laid on the table the following joint resolution,
to-wit:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That they will, on the 1st day of February, 1848, proceed, by joint vote
of both Houses, to the election of the Public Officers of this State.

On the motion of Mr. Helm,

Resolved, That the committee on the Judiciary be instructed to enquire
into the expediency of the passage of a law applying the statute of frauds
and perjuries to all claims asserted by attornies at law, not founded on writ¬
ing between the parties.

Mr. English read and laid on the table the following preamble and reso¬
lutions, viz:

Whereas, His Excellency, the Governor of the Commonwealth of Ken¬
tucky, has caused to be sent to both branches of the General Assembly, cer-

JOURNAL OF THE SENATE.

[Jan. 15.

tain resolutions of several legislative bodies of our sister States. We like
wise, as a component part of this great confederacy .solicitous that our po¬
sition may be clearly defined, and the action of our beloved State, upon the
great questions now being agitated in our republic, throug us, leir ega
representatives, be clearly and explicitly avowed—we offer the following

1. Resolved by the General Assembly of the Commonwealth of Kentucky ,
That with deep regret we have read the resolutions of the Legislatures of
the States of Connecticut and Vermont. We see in those resolutions a de¬
termination, on their part, to sustain, by their legislative resolves, the Wil-
mot proviso, which passed the House of Representatives, in the Congress of

the United States. .

2. Resolved, That in our opinion the passage of said proviso would be a
direct infringement on the rights of the slaveholding Smtes—a flagrant vio¬
lation of the compromise of the Constitution ot the United States, which
we hold most sacred, as well as an usurpation of power by the federal gov¬
ernment, of a truly dangerous and alarming character.

3. Resolved, That the Constitution of the United States is a charter of
definite and limited powers, and Congress transcends its legitimate functions
whenever it interferes with the internal organization or domestic policy ot
any sovereign State or States of this confederacy.

4. Resolved, That all territory now or hereafter to be acquired by the
United States, belongs to the several States, as their joint and common prop¬
erty, and as such, each and all having an equal righ thereto, any enactment
by the Federal Government which would, by its effects, prevent citizens ot
any of the States from emigrating to such territory with their property,
whatever may be its description, would be in violution of the Constitution,
a vital stab at our institutions and our dearest rights, and would have a ten-
dency to subvert the Union.

5. Resolved, That in our judgment the present war with Mexico was
founded in imperative necessity on our part, and could not have been avoid¬
ed without hazarding the honor of the nation; and that, according to the
usages of nations, we stand justified before the civilized world, and we be¬
lieve it to be the duty of every patriot to sustain the government in prose¬
cuting this war, which was brought on by the acts and doings of Mexico,
to a reasonable termination and an honorable peace.

6. Resolved, That our Senators be instructed, and our Representatives in
Congress be requested, to use their undivided exertions in sustaining the
Government in accordance with the spirit and meaning of the foregoing
preamble and resolutions.

7. Resolved, That His Excellency, the Governor of this Commonwealth,
be and he is hereby requested to transmit a copy of these resolutions to the
Executive of each State in the Union, with a request that they be laid be¬
fore their respective Legislatures, and a like copy to the Senators and mem¬
bers of the House of Representatives from this State, in the Congress of the
United States.

An engrossed bill, entitled, an act to amend the 65th section of the mi¬
litia law, was taken up and laid on the table.

Jan. 17.]

JOURNAL OF THE SENATE.

On the motion of Mr. Evans,

Ordered, That the Public Printer print 2000 additional copies of the an¬
nual report of the Superintendent of Public Instruction, for the use of the
Senate.

And then the Senate adjourned.

MONDAY, JANUARY 17, 1S48.

A message was received from the House of Representatives, announcing
that they had passed bills.of the following titles, to-wit:

1. An act for the benefit of the mechanics of Union county.

2. An act for the benefit of Jonathan Pryor.

3. An act to amend the act to establish a Female Academy in the town of
Harrodsburg, approved 9th February, 1829.

4. An act regulating the jurisdiction of the Police Judge of the town of
Shelbyville.

5. An act to amend the road law of Greenup county.

6. An act to establish the town of Priceville, in Hart county.

7. An act to incorporate the Muddy River Navigation and Manufacturing
Company.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens-
pensed with, they were referred—the 1st, 4th and 6th to the committee
on the Judiciary; the 2d to the committtee on Propositions and Grievances;
the 3d to the committee on Education ; and the 5th and 7th to the commit¬
tee on Internal Improvement.

1. Mr. James presented the petition of sundry citizens of the town of
Moscow and vicinity, praying for the passage of a law permitting Nathan
Wallace to build a mill on the Bayou de Chien, at the town of Moscow; and
also, the remonstrance of sundry citizens against the passage of said law.

2. Mr. Evans presented the petition of Major Weatherspoon, of Allen
county, praying for the passage of a law to divorce him from his wife, Eliz¬
abeth Ann Weatherspoon.

3. Mr. Wall presented the petition of sundry citizens of the town of
Brooksville, praying for the passage of a law to amend the charter of said
town.

y- •****£*!& ■; i

JOURNAL OF THE SENATE.

[Jan. 17.

Which petitions were severally received and referred—the 1st to the
committee on Internal Improvement; the 2d to the committee on Religion;
and the 3d to the committee on the Judiciary.

Mr. Hobbs presented to the Senate the annual report of the President,
Directors and Company of the Louisville and Portland Canal Company,
which is as follows, to-wit:

Twenty-third annual report of the President and Directors of the Louis -
mile and Portland Canal Company.

The balance in the Treasury, as shown by the last report, was appropria¬
ted in the purchase of shares, and 667 shares were taken, as authorized by
a resolution of the stockholders, and the amount charged in the general ac¬
count of the Company, which is as follows:

Louisville and Portland Canal Company, in General Account:

DEBITS.

Balance of cash, January^lst, Ib47, - - _ 139'900 72

Received for tolls in 184*, _'_

$ 250,682 02

CREDITS.

By 667 shares of the stock purchased and paid for,

B'l expenses on canal,

By tax to the State of Kentucky,

By incidental expenses-of salaries, officecharges
Balance of cash in Treasury, January 1st, 1848, &c..

- $ 124,062 00
21,27857
1,500 00
1,502 50
102,338 95

$ 250,682 02

The balance on hand will be immediately appropriated to the purchase of
about 526 shares of stock, as authorized by an act of Assembly, which, added
to those purchased in the four previous years, will make 6,546 shares retired,
leaving 3,454 shares to be hereafter liquidated. ,. . .

The 3 unusual high water during the spring and summer, making a loss of
about three months toll, and the disastrous flood of have re duced

the amount of tolls below those of last year, some $10,000. The great de¬
posit of mud left in the canal by the late flood, and the damage to its banks
from the same cause, will account for the increase in the expenses on the

The Board deems it cause of congratulation to the stockholders, that the

late flood, so destructive generally to the property on the Ohio, has done no
more iniurv to the canal—the superintendent estimates that it can be clear¬
ed of Tt's deposite of mud, and the banks repaired for about $10,000. The
locks have already been sufficiently repaired to pass boats, and there is no
other obstruction than a deficiency in the depth of water, caused by the hea¬
vy deposit of mud, which every exertion is being used to remove.

Il will be noticed, by an item in the above account, that the fetate ot Ken¬
tucky has taxed the entire property and franchises of the canal, consequent¬
ly no stockholder can be holden to give in the amount of his stock lor taxa¬
tion, and thus be subjected to a double tax.

Jan. 17.] JOURNAL OF THE SENATE. 69

The annexed table shows the number and tonnage of boats that have pass¬
through the canal since its commencement.

Respectfully submitted. JAMES MARSHALL, President.

Office of the Louisville and Portland Canal Company, Dec. 31 si, 1847.

J. H. RHORER, Secretary.

Abstract of boats that have passed, and tolls received on the Louisville and

Portland Canal.

Year.

Steam Boats.

Flat and Keel Boats.

Tons.

Amount received.

1831,

406

421

76,323

$ 12,750 77

1832,

453

179

70,109

25,756 12

1833,

875

710

169,885

60,736 92

1834,

938

623

162,000

61,848 17

1835,

1,256

355

200,413

80,165 24

1836,

1,182

260

182,220

88,343 23

1837,

1,501

165

242,374

145,424 69

1838,

1,058

438

201,750

121,107 16

1839,

1,666

578

300,406

180,364 01

1840,

1,231

392

224,841

134,904 55

1841,

1,031

309

189.907

113,944 59

1842,

983

183

172,755

95,005 10

1843,

1,206

232,264

107,274 65

1844,

1,476

168

304,384

140,389 97

1845,

1,585

394

318,741

138,291 17

1846,

1,626

283

341,695

149,401 84

1847,

1,432

226

307,879

139,900 72

19,875

5,572

3,698,266

$ 1,795,608 90

At a meeting of the stockholders of the Louisville and Portland Canal
Company, at their office in the city of Louisville, January 3, 1848, the re¬
port of the President and Directors was received and ordered to be printed.

The following persons were then duly elected President and Directors for
the present year: JAMES MASHALL, President.

JOHN HULME,

J. CLEVES SHORT, ' . ,

PETER HULME, f Directors.

J. H. RHORER, J

Whereas, the individual stockholders in this Company have offered to sell
and transfer to the Company, proportions of their stock, under the conditions
of the amended charter of the Company, as adopted by the stockholders at
their meeting on the 4th of July, 1842:

Resolved, That the Board of President and Directors proceed to purchase
the number of shares that the net income of the Company will warrant, by
taking from each individual stockholder the number of shares he is entitled
to sell, under the arrangement adopted by the stockholders.

C. W. SHORT, Chairman.

[Extract from the Minutes.']

J. H. RHORER, Secretary.

70 JOURNAL OF THE SENATE. [Jan. 17.

The following bills were reported from the committee on the Judiciary
to-wit:

By Mr. Hardin—A bill providing for a change of venue in the prosecution
against William B. Whitaker.

By Mr. Patterson—A bill for the benefit of the widow and heirs of Sam¬
uel W. Bryce, deceased.

Which bills were each read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Rice, from the same committee, reported a bill for the benefit of Geo.
T. Edwards, of Logan county, which was read the first time, and ordered
to be read a second time.

The constitutional rule as to the second reading being dispensed with,

The question was taken on engrossing and reading said bill a third time,
and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Patterson and Grey,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley, Hambleton, Russell,

Brien, Helm, Slaughter,

Draffin, Hobbs, Thomas,

Evans, Marshall, Thornton,

Fox, McMillan, Walker—17.

Grey, McNarv,

Those who voted in the negative, were—

Messrs. Boyd, Henderson, Thurman,

Bramlette, Holloway, lode),

Crenshaw, Patterson, Wall,

Hardin, Rice, White,

Hawkins, Taylor, Williams—16.

Pleady,

A message was received from the Governor, by Mr. Reed, Secretary
of State, announcing that the Governor had approved and signed en¬
rolled bills, which originated in the Senate, of the following titles viz:

An act authorizing the County Court of Barren to purchase a lot, on
which to erect a jail, and for other purposes.

An act to amend the charter of the Carlisle and Sharpsburg Turnpike
Company.

An act to amend an act, entitled, an act authorizing the Auditor to
correct certain mistakes, and to issue warrants on the Treasury in certain
cases, approved January 23, 1813.

JOURNAL OF THE SENATE.

Jan. 17.]

An act to incorporate the Christian Church at Stanford.

An act for the benefit of Roberson Brown, of Allen county.

An act for the benefit of Urath 0. Hundley and others.

An act to appoint Trustees for the Ash Ridge Church and buryingground,
in Fayette county.

An act to change the name of William G. Musgrove, and for other pur¬
poses.

An act for the benefit of Presley Steward, of Kenton county.

An act for the benefit of Mary C. Parker.

Approved January 15, 1848.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred bills from the House of Representatives, of the following ti¬
tles, to-wit:

An act allowing an additional Justice of the Peace to the county of
Daviess.

An act to authorize the County Court of Knox to appoint a Constable
in the district including the town of Barboursville.

An act to authorize the city of Covington to levy a special tax.

An act allowing two additional Justices of the Peace to the county of
Muhlenburg.

An act for the benefit of Janette Cornell.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Walker, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of Thomas St.
Clair Lowe and George Wilson Jones, reported the same without amend¬
ment.

The said bill was amended, and ordered to be.read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof
be amended by adding “and Amanda J. Miller.”

Mr. Walker, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of William A
Butt, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

The question was taken on the passage of said bill, and it was decided in
the affirmative.

The yeas and nays being required thereon by Messrs. Henderson and Boyd,
were as follows, to-wit:

r: ■*5* 5?**^

£-t> £r rate i- rr?;r ?-•

JOURNAL OF THE SENATE.

yeSMEMgOF*****

[Jan. 17.

Those who voted in the affirmative, were

Messrs. Bradley, ' Hambleton, Speed Smith,

Bramlette, Hawkins, ^wope,

Brien, Heady, Thomas,

Crenshaw, Helm, Thurman,

Draffin,

English,

Evans,

Grey,

James,

Marshall,

Rice,

Russell,

Walker,
White,
Young—23.

Messrs. Boyd,
Fox,
HarJin,
Henderson,
Hobbs,

Those who voted in the negative, were—

Holloway, Thornton,

McMillan, Todd,

McNary, Wall,

m, Patterson, Williams—14.

Taylor,

Resolved, That the title of the said bill be as aforesaid.

Mr. Swope, from the committee on Privileges and Elections, reported a
bill to establish an additional election precinct in Caldwell county, which
was read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Swope, from the committee on Internal Improvement, repot ted a
a bill for the benefit of William Rowlett, of Owen county, which was read
the first time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,
said bill was ordered to be engrossed and read a third time.

Mr. James, from the committee on Finance, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of Moses
Cawood, late Sheriff of Harlan county, reported the same without amend¬
ment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Heady, from the committee on Military Affairs, to whom was refer¬
red a bill from the House of Representatives, entitled, an an act for the ben¬
efit of the Clifton Guards, in Woodford county, reported the same without
amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Jan. 17.] JOURNAL OF THE SENATE. 73

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Heady, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act authorizing the Court of As¬
sessment for the 106th Regiment Kentucky Militia, to hold their court on
the first Monday in April, reported the same with an amendment, which
was concurred in.

Ordered, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof be
as aforesaid.

Mr. Helm, from a select committee, reported a bill to prevent the sale of
spirituous liquors to slaves, which was read the first time, and ordered to be
read a second time.

The constitutional rule as to the second reading being dispensed with, said
bill was amended, and ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of said bill being dispens¬
ed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Rice,

Resolved, That the committee on the Judiciary reporta bill providing ad¬
equate penalties against all tavern keepers and others, who vend ardent spir¬
its in this Commonwealth, for selling or keeping open their drinking estab¬
lishments on the Sabbath day.

Resolved further, That said committee enquire into the propriety of re¬
pealing the law which permits merchants and dealers in dry goods to sell
spirits by the quart, upon certain conditions, &c.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Grey—1. A bill to incorporate the Hopkinsville
and Cumberland River Railroad Company.

On the motion of Mr. Evans—2. A bill to regulate the appointment of
Commissioners in Chancery, to carry into effect the decrees of such courts.

On the motion of Mr. English—3. A bill for the benefit of William G.
Pierce, of Trimble county.

On the motion of Mr. Thurman—4. A bill supplementary to an act es¬
tablishing the county of Taylor.

On the motion of same—5. A bill to amend an act incorporating the
town of Greensburg, in Green county.

Messrs. Grey, Patterson and Fox were appointed a committee to prepare
and bring in the 1st; Messrs. English, Draffin and Bradley the 3d; and the
committee on the Judiciary was directed to prepare and bring in the 2d,
4th and 5th.

JOURNAL OF THE SENATE.

Mr. Grey, from a select committee, reported a bill to incorporate the Hop¬
kinsville and Cumberland River Railroad Company, which was read the first
time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with, said
bill was referred to the committee on Internal Improvement.

An engrossed bill, entitled, an act to amend an act to incorporate the
Georgetown and Paris Turnpike Road Company, approved March 1, 1847,
was read the third time.

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

A resolution fixing a day for the election of Public Officers, read and laid
on the table by Mr. Evans, on Saturday, was taken up, twice read and adop¬
ted.

Preamble and resolutions in relation to the Wilmot proviso and the war
with Mexico, read and laid on the table by Mr. English, on Saturday, the
15th instant, were taken up.

Mr. Heady moved that the Public Printer print 150 copies of said pream¬
ble and resolutions, for the use of the General Assembly.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Heady and Bradley,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley,

Hobbs,

Swope,

Thomas,

Brien,

Holloway,

Draffin,

James,

Thornton,

English,

Marshall,

Thurman,

Evans,

McNary,

Todd,

Hardin,

Rice,

Wall,

Hawkins,

Slaughter,

Williams,

Heady,

Speed Smith,

Young—25.

Helm,

Those who voted in the negative,

were—

Messrs. Boyd,

Grey,

Patterson,

Bramlette,

Hambleton,

Russell,

Crenshaw,

Henderson,

Tavlor,

Fox,

McMillan,

White—12.

Ordered, That said preamble and resolutions be referred to the commit¬
tee on Federal Relations.

The Speaker laid before the Senate a communication from Ambrose W.
Dudley, which is as follows, to-wit:

Jan. 17.]

JOURNAL OF THE SENATE.

Frankfort, January 17,1848.

lion. A. Dixon,

Speaker of Hie Senate.

Sir - On the 20th of July last, the remains of the gallant officers and
soldier's of Kentucky, who fell at the memorable battle ot Luena Vista,
were interred, with appropriate honors, in the Cemetery at this place. As
nearly as could be estimated, 20,000 citizens assembled from various parts
of the State, and united, on that day, to pay this last tribute of respect,
and to consign to the bosom of their beloved Kentucky the remains of those
who had so bravely sustained her banner in the field, and sealed then pa¬
triotism with their blood. . , . .

The enclosed preamble and resolutions were unanimously adopted by the
citizens then assembled; and, in discharge of my duty as ‘‘Chief Marshal
of the day, I have the honor, herewith, to enclose them to you, that they
may thus'be laid before the honorable body over which you preside.

I have the honor to be,

Most respectfully

Your obedient servant,

A W DUDLEY.

Whereas, The people of Kentucky, feeling just pride in being among the
first at all times to maintain the honor, and to delend the rights of our com¬
mon country, responded promptly to her call for that purpose so soon as it
was known she was engaged in a war with Mexico.

While engaged in that war, and on the battle field of the memoiable
Buena Vista? where victory crowned the national arms with success, many
of the patriotic volunteers of this State, after having aided to add another
laurel to our State chaplet, and while in the discharge of th eir patriotic duty

fell, to rise no more. , ,

It is truly the boast of a free people and grateful country, that they are
ever ready to do honor to the memory ot all who die in their defence, and
we rejoice that Kentucky has set the example of gathering from the battle
fields of our enemies, the remains of all ihose whose lives have been given in
defence of the national flag, with a view of having them brought back to
the land of their nativity and the home of their friends, to be deposited in
a burial place belonging to the Slate and devoted to such purposes.

We, the people here assembled, are present to testify our respect for the
valor of our departed countrymen while living, to mingle our sorrows with
the friends of the honored dead, and to unite in paying the last eai thly tnb¬
ute of respect to their memories, by this public demonstration of our regret
for their fall. To carry out this proper manifestation ot public regard, we
believe a monument and appropriate cenotaph to perpetuate then names and
heroic deeds, should be erected by the State over their graves. Therefore,
Resolved, That this mass meeting of the people of Kentucky, assembled
for the purposes and objects stated in the foregoing preamble, do respectfully
recommend to the next Legislature ot this State, to make a suitable but libe¬
ral appropriation to procure the erection of a monument over the remains of
all the officers and soldiers who may be buried in the State grounds of the

Frankfort Cemetery.

JOURNAL OF THE SENATE. [Jan. 18.

Ordered, That said report be referred to the joint committee appointed
in pursuance of a resolution in relation to the erection of a monument to
the memory of the heroes of Buena Vista.

And then the Senate adjourned.

TUESDAY, JANUARY 18, 1848.

A message was received from the House of Representatives, announc¬
ing that they had received official information that the Governor had ap-
appioved and signed enrolled bills, which originated in that House, of the
following titles, viz:

An act to change the name of George Henderson Robertson, and for
other purposes.

An act for the benefit of James T. Pettus.

An act to change the names of E. H. Marrs, C. W. Marrs, and W. 0.
B. Marrs, and others.

An act to amend the laws in relation to the town of Bowlinggreen.

An act for the benefit of the heirs of Simeon H. Anderson, deceased.

An act authorizing the Trustees of the town of Cadiz, in Trigg countv,
to sell certain ground.

An act to allow an additional Justice of the Peace to Graves county,
and an additional Constable to Logan county.

An act for the benefit ot Frederick A. Kennon, and flarriet L., his wife

An act continuing in force the law providing for the appointment of Com¬
monwealth’s Attorneys.

An act giving the County Court of Russell power to sell a portion of lot
No. —, on which the jail is situated.

Approved January 15, 1848.

That they had concurred in the adoption of a resolution from the Sen
ate, concerning the committee on Banks, with an amendment, which was
concurred in.

That they had adopted a resolution in relation to the establishment of
another Lunatic Asylum.

Which was twice read and concurred in.

That they had passed bills of the following titles, to-wit:

1. An act for the benefit of William B. Dunlap, of Shelby county.

JOURNAL OF THE SENATE.

Jan. 18.]

2. An act to extend Canal street, in the town of Harrodsburg.

3. An act for the benefit of John H. Breeding and wife, and for other pur¬
poses.

4. An act to amend the road law of Pendleton county.

5. An act to enlarge the Constable’s District including the town of Hart¬
ford, in Ohio county.

6. An act to legalize the laying off and surveying the town of Monterey,
and change the place of voting.

7. An act to incorporate the Trustees of Liberty school house, in Trimble
county.

8. An act for the benefit of Major General Robert Martin.

9. An act to change the name of Thaddeus Franklin to that of Thaddeus
Mortimer.

10. An act to change the names of certain persons, and for other purposes.

11. An act allowing to the county of Letcher an additional Justice of the
Peace and Constable, and for other purposes.

12. An act for the benefit of Juliann Dickson Thomasson.

13. An act for the benefit of the mechanics of Fayette, Hart, Henderson
and Anderson counties.

14. An act for the benefit of Samuel Jarvis.

Which bills were severally read the first lime, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens-
pensed with, they were referred—the 1st, 6th, 12th, 13th and 14th to the
committee on the Judiciary; the 2d and 4th to the committee on Internal
Improvement; the 3d to the committee on Finance; the 5th,9th, 10th and
11th to the committtee on Propositions and Grievances; the 7th to the eom-
mitteeon Education; and the Sth to commilte on Military Affairs.

1. Mr. Grey presented the petition of sundry citizens of the town of
Hopkinsville, praying for the passage of a law enlarging the powers of the
trustees of said town.

2. Mr. Bramlette presented the petition of Pleasant H. Williams, of Clin¬
ton county, praying for the passage of a law permitting him to retain in his
possession certain slaves imported by him from the State of Tennessee, and
exempting him from the penalty of the law of 1S33, prohibiting the impor¬
tation of slaves into this State.

3. Mr. Thurman presented the petition of Thomas J. Montgomery, of
Washington county, one of the heirs of M. Flournoy, praying for the pas¬
sage of a law authorizing James L. Ballard and Matilda, his wife, to make
conveyance of the interest of said Matilda, in the land of her deceased
mother, to A. J. Mitchell.

4. Mr. Grey presented the petition of Louisa V. Newman, of Carroll
county, Mississippi, praying for the passage of a law permitting her to re-

JOURNAL OF THE SENATE.

[Jan. 18.

move certain dower slaves, in the estate of Thomas A. Cocke, deceased, to
the State of Mississippi.

5. Mr. White presented the petition of Andrew J. Spear, Sheriff of Ows¬
ley county, praying for the passage of a law authorizing him, either by him¬
self or deputy, to collect the revenue and county levy remaining due and un¬
collected, for the year 1844.

Which petitions were severally received and referred—the 1st to the
committee on Internal Improvement; the 2d and 4th to the committee on
Propositions and Grievances; the 3d to the committee on the Judiciary; and
the 5th to committee on Finance.

Mr. Grey presented the memorial of sundry citizens of Hopkinsville and
Christian county, praying for the location of a Lunatic Asylum in the Green
river country or southern part of Kentucky.

Ordered , That the Public Printer print 150 copies of the said memorial,
for the use of the General Assembly.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled, an act to
remove the Seat of Justice of Mason county, from the town of Washing¬
ton to the city of Maysville, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

A message, in writing, was received from the Governor, by Mr. Reed,
Secretary of State.

The rule of the Senate being dispensed with, the said message was ta¬
ken up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, Edwin Trimble to be Colonel;
Samuel K. Friend, Lieut. Colonel, and Wiley W. Morgan, Major of 9Stll
Regiment, — Brigade.

Archibald Stevenson to be Major of 36th Regiment, 5th Brigade.

John W. Forbes to be Colonel; E. A. Hewitt, Lieut. Colonekand G. W.
Bates, Major of 12th Regiment, 6th Brigade.

A. J. Bartlett to be Lieut. Colonel, and P. U. Major, Major of 22d Regi¬
ment, 6th Brigade.

r David M. Carly to be Colonel; J. L. Clarke, Lieut. Colonel, and David T.
Younger, Major of 23d Regiment, 11th Brigade.

Samuel Harris to be Lieut. Colonel, and W. S. Walker, Major of 29th
Regiment, 30th Brigade.

F. H. Ramsey to be Major of 36th Regiment, 5th Brigade.

James Sanders to be Colonel; Lewis Malone, Lieut. Colonel, and Alexan¬
der PI. Logan, Major of 37th Regiment, 2d Brigade.

Thomas Morgan to be Lieut. Colonel, and Thomas N. Mann, Major of
40th Regiment, 17th Brigade.

“ill

JOURNAL OF THE SENATE.

Jan. IS.]

Edward Slone to be Colonel; William Bramlette, Lieut. Colonel, and
William S. Richart, Major of 47th Regiment, 15th Brigade.

E. Q. Jacobs to be Colonel; Jackson R. Shipp, Lt. Colonel, and J. H. Mc¬
Daniel, Major of 51st Regiment, 21st Brigade.

T. O. Marrs to be Major of 56th Regiment, 14th Brigade.

John Gudgitt to be Colonel; RatlifF Baird, Lieut. Colonel, and Henry
George, Major of 65th Regiment, 15th Brigade.

J. H. Clubb to be Lieut. Colonel of 88lh Regiment, 2d Brigade.

W. W. Allnut to be Lieut. Colonel, and Henry B. Theobald, Major of
100th Regiment, 6th Brigade.

J. M. Neville to be Lieut. Colonel, and John D. Gray, Major of 101st Reg¬
iment, 20th Brigade.

A. M. Scott to be Lt. Colonel, and H. W. Johnson, Major of 117th Reg¬
iment, 21st Brigade.

William R. Bradford to be Colonel, and Thomas Levvinski, Lieut. Colonel
of the Fayette Legion.

Levi G. Darnall to be Brigadier General of the 15th Brigade.

W. W. Badger to be Lt. Colonel of 128th Regiment, 23d Brigade.

J. B. Carrico to be Colonel; William Hughes, Lieut. Colonel, and Squire
Ash, Major of 119th Regiment, 2d Brigade.

Charles Haynes to be Major of 94th Regiment, 20th Brigade.

William L. Hamilton to be Lt. Colonel, and Christopher Hays, Major of
106th Regiment, 10th Brigade. WM. OWSLEY.

Resolved, That the Senate advise and consent to the said appointments.

Mr. Draffin, from the committee on Religion, to whom was a referred a
bill from the House of Representatives, entitled, an act for the benefit of Nel¬
son D. Bennett, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with.

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. J. Speed Smith, from the committee on Internal Improvement, to
whom was referred bills from the House of Representatives, of the follow¬
ing titles, to-wit:

1. An act to amend the road law of Greenup county.

2. An act to incorporate the Muddy River Navigation and Manufacturing
Company.

Reported the same without amendment.

The 2d bill was re-committed to the committee on Internal Improvement,
and the 1st was ordered to be read a third time.

The constitutional rule as to the third reading of the 1st bill being dispens¬
ed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Evans,from the committee on Education, to whom was referred
a bill from the House of Representatives, entitled, an act to amend the act

.80

JOURNAL OF THE SENATE. [Jan. 18.

to establish a Female Academy in the town of Harrodsburg, approved 9th
February, 1829, reported the same with an amendment, which was concur¬
red in.

Ordered, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof
be as aforesaid.

The following bills were reported, to-wit:

By Mr. Patterson, from the committee on the Judiciary—1. A bill for the
benefit of the widow and heirs of John Turley, deceased.

By Mr. English, from a select committee—2. A bill for the benefit of
William G. Pierce, of Trimble county.

By Mr. Helm, from a select committee—3. A bill regulating the mode of
proceeding against decedents estates.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, the 3d was referred to the committee on the Judiciary, and the 1st
and 2d were ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of the 1st and 2d bills
being dispensed with, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Bradley, from the joint committee on Enrollments, reported that the
committee had examined enrolled bills, which originated in the Plouse of
Representatives, of the following titles, to-wit:

An act to re-take the sense ot the people of this State as to the pro¬
priety of calling a Convention.

An act to amend the road law in the county of Trimble.

An act for the benefit of Benjamin Collins.

An act for the benefit of the widow and heirs of John Duke, deceased.

An act for the benefit of Keziah E. Aoungand Sarah Younm

c ° O

An act for the benefit of the Sheriff of Hart county.

An act for the benefit of Martin Draper, late Sheriff of Grant county.

An act to divorce Eliza Turner.

And had found the same truly enrolled.

The said bills having been signed by the Speaker of the House of Repre¬
sentatives, the Speaker ot the Senate affixed his signature thereto, and thev
were delivered to the committee to be presented to the Governor for his ap¬
probation and signature. After a short time Mr. Bradley reported that
the committee had performed that duty.

Leave was given to bring in the following bills, to-wit:

JOURNAL OF THE SENATE.

Jan. 18.]

On the motion of Mr. -Grey—1. A bill making an appropriation for the
erection of a Lunatic Asylum in the Green river country or southern portion
of the State.

On the motion of Mr. Russell—2. A bill to amend the several acts con¬
cerning the town of Frankfort.

On the motion of Mr. Crenshaw—3. A bill to appropriate the dividends
of the State in the Bardstown and Louisville turnpike road, and in the
Bardstown and Green river turnpike road, to the completion of the road be¬
tween Bardstown and Glasgow.

Messrs. Grey, James, Patterson, Holloway, McNary, Walker and Evans
were appointed a committee to prepare and bring in the 1st; the committee
on the Judiciary was directed to prepare and bring in the 2d; and the com¬
mittee on Internal Improvement the 3d.

An engrossed bill, entitled, an act for the benefit of George T. Edwards,
of Logan county, was read the third time.

The question being taken on the passage of said bill, and it was decided in
the affirmative; the Senate being equally divided, the Speaker voted in the

affirmative.

The yeas and nays being required thereon by Messrs. Holloway and Boyd,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley,
Brien,
Draffin,
English,
Evans,
Fox,

Grey,

Hambleton,

Hobbs,

James,

Marshall,

McMillan,

McNary,
Russell,
Speed Smith,
Thomas,
Thornton,
Walker—18.

Those who voted in the negative, were-

Messrs. Boyd,

Bramlette,

Crenshaw,

Hardin,

Hawkins,

Heady,

Helm,

Holloway,

Patterson,

Rice,

Slaughter,

Swope,

Taylor,

Thurman,

Todd,

Wall,

White,

Williams—18.

Resolved, That the title of the said bill be as aforesaid.

An engrossed bill, entitled, an act for the benefit of William Rowlett, of
Owen county, was read the third time.

The question being taken on the passage of said bill, it was decided in
the affirmative.

The yeas and nays being required thereon by Messrs. Patterson and J.
Speed Smith, were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Boyd, Hobbs, Thomas,

Crenshaw, Marshall, Thornton,

JOURNAL OF THE SENATE.

[Jan. 18.

Draffin,

Rice,

Thurman,

Evans,

Russell,

Todd,

Grey,

Slaughter,

Walker,

Hardin,

Speed Smith,

Wall,

Hawkins,

Swope,

Williams—22.

Helm;

Those who voted in the negative, were—

Messrs. Bradley,

Heady,

McNary,

Bramlette,

Holloway,

Patterson,

Brien,

James,

Taylor,

Fox,

McMillan,

White—13.

Hambleton,

Resolved, That the title of said bill be as aforesaid.

The Speaker laid before the Senate a communication

from the President

of the Board of Internal Improvement, which is as follows, to-wit:

Office of Board of Internal Improvement, )

•

January 18th, 1S48. j

Sir: —I have the honor to lay before you the report of the Board of In¬
ternal Improvement, in compliance with the several acts and resolutions of
the last session of the General Assembly on the subject of our turnpikes;
and to be, with profound respect, Yours, &c.,

THOMAS METCALFE, P. B. 1.1.

Hon. A. Dixon,

Speaker of the Senate.

[For Report—see Legislative Documents.']

Ordered, That said report be referred to the committee on Internal Im¬
provement, and that the Public Printer print 150 copies thereof for the use
of the General Assembly.

On the motion of Mr. Evans,

Resolved, That the committee on Internal Improvement be and they are
hereby instructed to enquire into the propriety and expediency of the State
relinquishing her interest in the Glasgow and Scottsville turnpike road, to
such company of persons who may agree to finish said road, for the use of
the same, until they shall be indemnified, from the proceeds of said road, for
such expenditure; and that said committee report by bill or otherwise.

And then the Senate adjourned.

Jan. 19.]

JOURNAL OF THE SENATE.

WEDNESDAY, JANUARY 19, 1848.

A message was received from the House of Representatives, announcing
that they had disagreed to a bill from the Senate, entitled, an act to add
an additional term to the Allen Circuit Court.’

That they had passed bills from the Senate, of the following titles, to-wit:

An act for the benefit of Patrick Hickman.

An act for the benefit of John Wright, and Elizabeth, his wife.

That they had passed bills of the following titles, to-wit:

An act for the benefit of John H. Boarman.

An act for the benefit of Benjamin Franklin Violett.

An act for the benefit of Thomas Green, of Christian county.

An act for the benefit of William Fortson.

An act to incorporate the town of Clifton, in Woodford county.

An act to enlarge the Constable’s District including the town of London.

An act for the benefit of Reese Bourland, of Ballard county.

1. Mr. Williams presented the petition of Eveline Adams, of Bourbon
county, praying for the passage of a law divorcing her from her husband,
Harvey Adams.

2. Mr. Hobbs presented the petition of George W. Brush, guardian of
Mary E. Welsh, praying for the passage of a law authorizing the sale of the
interest of his ward in certain lands, &c.

Which petitions were received and referred—the 1st to the committee
on Religion, and the 2d to the committee on the Judiciary.

Mr. Hardin, from the committee on the Judiciary, to whom was referred
bills from the House of Representatives, of the following titles, to-wit:

An act for the benefit of William B. Dunlap, of Shelby county.

An act to legalize the laying off and surveying the town of Monterey,
and change the place of voting.

An act to amend the law incorporating the town of Proctor, in the county
of Owsley.

An act directing a change of venue to Henry S. Logan and Benjamin
Raburn.

An act to incorporate the Columbian Mining Company, of Crittenden
county.

An act for the benefit of the Clerk of the Fulton County Court.

An act to establish the town of Priceville, in Hart county.

An act for the benefit of John S. Bledsoe.

An act regulating the jurisdiction of the Police Judge of the town of
Shelbyville.

-jr v

84 JOURNAL OF THE SENATE. [Jan. 19.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Hardin, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of James Ham-
bel, and for other purposes, reported the same with an amendment, which
was concurred in.

Ordered, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bill, as amended, do pass, and that the title thereof
be as aforesaid.

Mr. Hardin, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of the mechan¬
ics of Fayette, Hart, Henderson and Anderson counties, reported the same,
with the opinion of the committee that it ought not to pass.

The said bill was amended.

The question was taken on reading the said bill a third time, as amend¬
ed, and it was decided in the negative, and so the said bill was disagreed to.

Mr. Hardin, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to amend an act, entitled, an
act to reduce into one the several acts exempting property from execution,
and for other purposes, approved February 7, 1845, reported the same, with
the opinion of the committee that it ought not to pass.

The said bill is as follows, to-wit:

Sec. 1 . Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That from and after the passage of this act, there shall be allow¬
ed, exempt from execution, distress or attachment for debt or fee bill, to each
bona fide house-keeper with a family, one work beast and one side-saddle, in
addition to the articles now specified and allowed by law.

Sec. 2. Be it further enacted. That any mechanic, who is a bona fide
house-keeper, or any other bona fide house-keeper with a family, shall be
permitted to select, to the amount of fifty dollars in value, from such property
as said mechanic or other bona fide house-keeper may have and own, in addi¬
tion to the articles now specified and allowed by law; which property, when
selected and set apart, shall be allowed said mechanic or bona fide house¬
keeper, exempt from execution, distress or attachment for debt, in lieu of
said additional work beast, allowed by the provisions of this act.

Sec. 3. Be it further enacted. That in all cases where any controversy
shall arise between plaintiff and defendant, or officer and defendant, about
the amount of property allowed to a mechanic or bona fide house-keeper by
the provisions of this act, in lieu of said additional work beast, it shall be de¬
termined by two disinterested house-keepers, one to be chosen by the plain¬
tiff or officer, and the other by the defendant: Provided, That the articles

JOURNAL OF THE SENATE.

Jan. 19.]

specified in the foregoing sections shall not be considered assets in the hands

of executors or administrators.

Sec. 4. Be it further enacted, That the provisions of this act shall not be
so construed as to apply to any contracts or debts entered into or created
prior to the passage of this act; and that the whole amount of property al¬
lowed by this act, and an act, entitled, “an act to reduce into one the sever¬
al acts exempting property from execution, and for other purposes,” approv¬
ed February 7, 1845, shall not exceed in value the sum of three hundred dol¬
lars : Provided, also, That the whole amount of property allowed by the
acts aforesaid shall remain subject to the payment ot the revenue tax and
county levy.

Mr. Fox moved to amend the said bill by striking out the words “one
work beast and,” in the first section, printed in italics, and also the 2d, 3d and
4th sections of said bill.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Evans and Fox,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Boyd, Marshall, Thomas,

Bramletfe, McMillan, Thornton,

Crenshaw, McNary, Todd,

English, Patterson, Walker,

Fox, Rice, Wall,

Hardin. Taylor, White—19.

Holloway,

Those who voted in the negative, were—

Messrs. Bradley,
Brien,
Draffin,
Evans,
Grey,

Hambleton,

Hawkins,

Heady,

Helm,

Hobbs,

James,

Russell,

Speed Smith,
Swope,
Thurman,
Williams—16.

Ordered, That said bill be referred to a committee of Messrs. J. Speed
Smith, Helm and Evans.

Mr. Hardin, from the same committee, to whom was referred a bill to
amend an act, entitled, an act further to protect the rights of married wo¬
men, reported the same, with the opinion of the committee that it ought not

to pass.

Ordered, That said bill be engrossed and read a third time.

Mr. Hardin, from the same committee, to whom was referred a bill to
regulate the time of holding the Circuit and County Courts in Christian
county, reported the same.

The said bill reads as follows, to-wit:

Sec. 1. Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That hereafter the Circuit Courts for Christian county, in the

JOURNAL OF THE SENATE.

[Jan. 19.

7tli Judicial District, shall be held as follows: The Christian Circuit Courts
shall commence on the first Mondays in May and November, and continue
twenty four juridical days, if the business of the court shall require it.

Sec. 2. Be it further enacted , That hereafter there shall be no terms of
the County Court of Christian held in the months of May and November;
and instead thereof, said court shall hold a term commencing on the last
Mondays in the months of April and October.

Mr. Walker moved to lay the said bill on the table till the 1st day of June
next.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Grey and Walker,
were as follows, to-wit:

Messrs. Bradley,
Crenshaw,
Evans,

Hardin,

Hawkins,

Those who voted in the affirmative, were—

Todd,
Walker,
Wall,

Holloway,

McMillan,

Patterson,

Speed Smith,
Taylor,

White,

Williams-

-15.

Those who voted in the negative, were— a

Messrs. Boyd, Grey, McNarv,

Bramlette, Hambleton, Russell,"

Brien, Helm, Swope—11.

Draffin, Marshall,

A bill to connect the Kentucky River Navigation with the Louisville and
Crab Orchard turnpike road, in Mercer county, came up in the orders of
the day.

The further consideration of the said bill was postponed, and it was made
the special order of the day, in committee of the whole, for Friday, the 21st
instant.

A message, in writing, was received from the Governor, by Mr. Reed,
Secretary of State.

The rule of the Senate being dispensed with, the said message was ta¬
ken up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, George W. McBeath to be Po¬
lice Judge of the town of Columbia.

Henry F. Given, William Smedley, William Gordon, James L. Dallam
and James L. Hodge to be Trustees of Cumberland Hospital.

WM. OWSLEY.

Resolved, That the Senate advise and consent to the said appointments.

1. Mr. Draffin presented the petition of JohnS. Petty, of Anderson coun¬
ty, praying for the passage of a law divorcing him from his wife, Julia A
Petty.

I fu.wi.'UWJ ••

Jan. 19.] JOURNAL OF THE SENATE. 87

2. Mr. Heady presented the petition of Anderson W. Garret, and Polly,
his wife, of Spencer county, praying for the passage of a law authorizing
them, as the legal heirs of John Miller, deceased, to settle up his estate.

Which petitions were received and referred—the 1st to the committee on
Religion, and the 2d to the committee on the Judiciary.

Mr. Bradley, from the joint committee on Enrollments, reported that the
committee had examined an enrolled bill and an enrolled resolution, which
originated in the Senate, of the following titles, to-wit:

An act for the benefit of John Wright, and Elizabeth, his wife.

A resolution concerning the committee on Banks.

And enrolled bills which originated in the House of Representatives, of
the following titles, to-wit:

An act allowing an additional Justice of the Peace to the county of
Daviess.

An act to authorize the County Court of Knox to appoint a Constable
in the district including the town of Barboursville.

An act for the benefit of William A. Butt.

An act allowing two additional Justices of the Peace to the county of
Muhlenburg.

An act to divorce Susanna Peters and change her name.

An act for the benefit of Marcus R. Hardin.

An act for the benefit of Moses Cawood, late Sheriff of Harlan county.

An act for the benefit of certain Common School Districts.

An act to amend an act, entitled, an act to incorporate the Faculty of the
Western Military Institute.

An act for the benefit of Janette Cornell.

An act to authorize the city of Covington to levy a special tax.

And had found the same truly enrolled.

The said bills and resolution having been signed by the Speaker of the
House of Representatives, the Speaker of the Senate affixed his signature
thereto, and they were delivered to the committee to be presented to the
Governor for his approbation and signature. After a short time Mr. Bradley
reported that the committee had performed that duty.

And then the Senate adjourned.

JOURNAL OF THE SENATE.

[Jan. 20.

THURSDAY, JANUARY 20, 1848.

A message was received from the House of Representatives, announc-
i ng that they had received official information that the Governor had ap-
approved and signed enrolled bills, which originated in that House, of the
following titles, viz:

An act to enlarge the jurisdiction of the Police Judge of the town of
Henderson.

An act to incorporate the town of West Point, in Hardin county.

An act for the benefit of Edward B. Gibson, of Simpson county.

An act for the benefit of Amanda Hutcheson and her children.

Approved January 15, 1848.

An act for the benefit of the Sheriff of Hart county.

An act for the benefit of Martin Draper, late Sheriff of Grant county.

An act to amend the road law in the county of Trimble.

An act for the benefit of Benjamin Collins.

An act to divorce Eliza Turner.

An act to re-take the sense of the people of this State as to the pro¬
priety of calling a Convention.

An act for the benefit of Keziah E. Young and Sarah Young.

An act for the benefit of the widow and heirs of John Duke, deceased.

Approved January 18, 1848.

That they had disagreed to a bill from the Senate, entitled, an act to
change the law on filing bills of revivor in chancery.

That they had passed a bill from the Senate, entitled, an act to incorpo¬
rate the Richmond Cemetery Company.

That they had passed bills of the following titles, to-wit:

1. An act for the benefit of Achille Dubourg.

2. An act for the benefit of Thomas H. Hord and wife.

3. An act to change the time of holding the Hancock Circuit Court, and
to limit the terms of the Breckinridge Circuit Court.

4. An act for the benefit of George Martin, of Greenup county.

5. An act for the benefit of Nathan B. Chism.

6. An act to divorce Elvina House, and for other purposes.

7. An act for the benefit of Maria M. Gillis, and for other purposes.

8. An act for the benefit of Elizabeth Huffaker.

9. An act for the benefit of Mary D. Mosby.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens-
pensed with, they were referred—the 1st, 5th, 6th, 7th, 8th and 9th to the

Jaw. 20 .] JOURNAL OF THE SENATE. 89

committee on Religion; and the 2d, 3d and 4th to the committee on the Ju¬
diciary.

1. Mr. Hobbs presented the petition of the Mayor and Council of the city
of Louisville, praying for the passage of a law incorporating the Cave Hill
Cemetery Company, near said city.

2. Mr. Heady presented the petition of Henry Trunnell, of Bullitt coun¬
county, praying for the passage of a law to divorce him from his wife, Loui¬
sa Trunnell.

3. Mr. Patterson presented the petition of Mary Fenley, of Shelby coun¬
ty, praying for the passage of a law divorcing her from her husband, Wm.
C. Fenley.

4. Mr. Grey presented the petition of sundry citizens of Christian county,
praying for the passage of a law increasing the jurisdiction of the Police
Judge of the town of Hopkinsville.

5. Mr. Bradley presented the petition of M. B. Haynes, Sheriff of Crit¬
tenden county, praying for the passage of a law allowing him further time
to return his delinquent list of muster fines for the 13Sth Regiment of Ken¬
tucky Militia, for the year 1846.

6. Mr. English presented the petition of John C. Montfort, prayitm f or

the passage of a law extending the limits or the town of Pleasureville, in
Henry county. ’

Which petitions were severally received and referred—the 1st to a select
committee of Messrs. Hobbs, J. Speed Smith and Crenshaw; the 2d and 3d
to the committee on Religion; the 4th to the committee on the Judiciary;
the 5th to the committee on Finance; and the 6th to the committee on
Propositions and Grievances.

Mi. Hobbs presented to the Senate the acceptance, on the part of the
stockholders of the Louisville Savings Institution, of the amendment of the
chaiter ol said Institution, as provided in said amendment, and which is as
follows, to-wit:

Saturday, March 6, 1S47.

me * tin g of the stockholders of the Louisville Savings Institution, on
this day, at its office in Louisville, held according to due notice published in
the Louisville Journal and the Louisville Daily Democrat, two legally au¬
thorized newspapers, published in the city of Louisville, for the election of
nine Dnectors to serve for the ensuing twelve months ; and also for the pur¬
pose ol taking into consideration the expediency of adopting the amendment

Se T 10 ctlar,er ol th ' s Institution, by an act passed at the last session
ol the Legislature of the State ol Kentuckj—when and where the follow¬
ing named stockholders were present, either by themselves in person, or by
their respective proxies, per power duly authenticated, to-wit • *

Sidney Anderson, by Thomas Anderson, her Attorney
lthoda Anderson, by Thomas Anderson, her Attorney.
Taut Anderson, by Charles H. Lewis, his Attorney.

1 homas Anderson, Trustee lor Lewis Jamison.

James D. Breckinridge.

Mary E. Breckinridge, by J. D. Breckinridge, her Guardian.

Nancy Frazer, by Thomas Anderson, her Attorney.

S. S. Goodwin, Trustee for Ann Godard.

S. S. Goodwin.

H. B. L. Goodwin, by S. S. Goodwin, her Husband.

Edmund H. Lewis.

Charles H. Lewis.

Leven Lawrence, deceased, by Robert Tyler, Executor.

James Marshall.

George W. Meriwether.

Thomas T. Shreve.

Levi Tyler.

John C. Wenzell. .

Elizabeth Henning, bvS. S. Goodwin, James Marshall, and G. W. Meriwether, her Attorneys.
Matilda Maxey, by S.' S. Goodwin, James Marshal), and G. W. Meriwether, her Attorneys.

A. M. Heinshon, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her Attorneys.

C. Heinshon, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her Attorneys.
Margaret Bustard, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her Attorneys.
John Holme, by S. S. Goodwin. James Marshall, and G. VV. Meriwether, his Attorneys.

James Guthrie, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Hugh Ferguson, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, his Attorneys.

B. G. Cutter & Co., by S. S. Goodwin, James Marshall, and G. VV. Meriwether, their Attorneys.
Francis McICay,by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.

Geo. C. Gwathmey, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Ellen G. Gwathmey, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, her Attorneys.
Sophia VV. Gwathmey, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her Attor-

neys.

Maria L. Gwathmey, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her Attorneys.
John Gwathmey, byS. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Richard E. Smith, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Gerrett Bate, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, his Attorneys.

John S. Snead, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, his Attorneys.
Eliza E. Lindenburger, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, her Attor¬

neys,

Ann L. Lindenburger, by S. S. Goodwiu, James Marshall, and G. VV. Meriwether, her Attor¬

neys.

Fireman’s Insurance Company, by S. S. Goodwin, James Marshall, and G. W. Meriwether,
their Attorneys.

William Miller, by S. S. Goodwin, James Marshall, and G. VV. Meriwether,his Attorneys.

John M. Talbot, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, his Attorneys.
Wm. F. Petit, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.

John Tevis, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attoaneys.

Joseph A. Phillips, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Ormsby Phillips, by S. S.Goodwin, James Marshall, andG. W. Meriwether, his Attorneys.
Mary Phillips, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her Attorneys.
Henry A. Phillips, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Alexander Harbison, by S. S. Goodwin. James Marshall, and G. W. Meriwether, his Attorneys.
Rosanna Harbison, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her Attorneys.
Sarah Grayson, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, her Attorneys.
Joseph Swager, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.

Julia C. Bacon als. Gwathmey, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her

Attorneys.

Charles W. Short, by S.S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Patrick Joyes, by S.S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Edward D. Hobbs, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, his Attorneys.
Wm. C. Buckles, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, his Attorneys.
Virginia Buckles, by S. S. Goodwin, James Marshall, and G. W. Meriwether, her Attorneys.
John C. Buckles, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Simeon Yewell, by S. S. Goodwin, James Marshall, and G. VV. Meriwether, his Attorneys.
Adelaide Sanders als. Dumisneil, by S. S. Goodwin, James Marshall, and G. W. Meriwether,
her Attorneys.

Samuel R. Richardson, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attor¬

neys

John Williamson, by S.S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
Geo. Guy Johnson, by S. S. Goodwin, James Marshall, and G. W. Meriwether, his Attorneys.
David L. Beatty. *

Being sixty four names present and represented.

Jan. 20.]

JOURNAL OF THE SENATE.

And upon the question being taken of the adoption of the said amendment
of the charter of this Institution, extending its corporate character for the
term of twenty years after the expiration of the period of the present char
ter, there was a unanimous vote of the sixty four stockholders present in fa¬
vor of its adoption, which is a majority of the whole number of the stock¬
holders in this Institution, (the number being ninety five;) which is ordered

of this State* aCC ° rd ‘ ng to Said amended charter, to the next Legislature

The stockholders then elected nine Directors, and adjourned

Which was signed by T. T. Shreve, D. L. Beatty and L. L. Shreve as
Judges. * 3

Louisville Savings Institution, I
December 21th, 1847. j

I, Jonas H. Rhorer, Treasurer of the Louisville Savings Institution, do
hereby certify that the foregoing three pages contains a full and and true
transcript of the proceedings of the stockholders of this Institution, at a
meeting held at the office of said Institution, on Saturday, March 6th 1847
which was the first meeting subsequent to the passage of the act of the Leg¬
islature of Kentucky, extending the charter of said Institution; and I do
also certify that at that time the number of the stockholders in the Institu¬
tion were ninety five.

In witness, I have hereunto set my hand, and affixed the seal of the said
lnStltUUon - J- H. RHORER, Treasurer.

Mr. Hardin, from the committee on the Judiciary, to whom was referred
a bill for the benefit of the children of William H. Arnett and others, report¬
ed the same with an amendment, which was concurred in.

Ordered, That said bill be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis-
pensd with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hardin, from the same committee, reported a bill regulating the tax¬
ation ot costs in suits brought by administrators and executors, which was
read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hardin, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of the mechan¬
ics of Union county, reported the same, with the opinion of the committee
that it ought not to pass.

The question being taken on reading the said bill a third time, it was de¬
cided in the negative, and so the said bill was disagreed to.

JOURNAL OF THE SENATE. [Jan. 20.

Mr. Patterson, from the same committee, reported a bill to amend the
charter of town of Paducah, and for other purposes, which was read the
first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred bills from the House of Representatives, of the following titles,
to-wit:

An act to enlarge the Constable’s District including the town of Hart¬
ford, in Ohio county.

An act allowing to the county of Letcher an additional Justice of the
Peace and Constable, and for other purposes.

An act to chaDge the name of Thaddeus Franklin to that of Thaddeus
Mortimer.

An act for the benefit of Jonathan Pryor.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Boyd, from the committee on Religion, reported a bill to divorce Is¬
abella Snelling, which was read the first time, and ordered to be read a sec¬
ond time.

The constitutional rule as to the second reading being dispensed with, said
bill was amended, and ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of said bill being dispens¬
ed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title be amended by adding,
“and for other purposes.”

Mr. Draffin, from the same committee, reported a bill for the benefit
of Eveline Adams, which was read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

t 'Resolved , That said bill do pass, and that the title thereof be as afore¬
said.

Mr. J. Speed Smith, from the committee on Internal Improvement, to
whom was referred a bill from the House of Representatives, entitled, an
act to incorporate the Muddy River Navigation and Manufacturing Compa¬
ny, reported the same without amendment.

The said bill was amended, and ordered to be read a third time.

Jan. 20.] JOURNAL OF THE SENATE.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof
be as aforesaid.

Mr. J. Speed Smith, from the same committee, reported a bill to incor¬
porate the Lebanon, New Market and Springfield Turnpike Road Compa¬
ny, which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,

Said bill was ordered to be engrossed and read a third time.

Mr. Grey, from the same committee, to whom was referred a bill to in¬
corporate the Hopkinsville and Cumberland River Railroad Company, re¬
ported the same without amendment.

Ordered, That said bill be engrossed and read a third time.

The constitutional rule as to the third reading of said bill being dispensed
with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

A message, in writing, was received from the Governor, by Mr. Reed,
Secretary of State.

The rule of the Senate being dispensed with, the said message was ta¬
ken up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, John W. Price to be Commission¬
er of Deeds, &c., for Kentucky, in the State of Louisiana.

Durham Sanders, Archibald Webster, Isaac Gibbons, Norman Christie,
John B. Chandler, William Cloyd, Daniel P. White, Jr., Randolph Robinson
and Wm, M. Edrington to be Justices of the new county of Taylor.

William Marshall, Jr. to be Sheriff, and William P. Rafferty to be Coro¬
ner of said county of Taylor. WM. OWSLEY.

By the Governor:

W. D. Reed, Secretary of State.

Resolved, That the Senate advise and consent to the said appointments.

A message was received from the Governor, by Mr. Reed, Secretary
of State, announcing that the Governor had approved and signed an
enrolled bill and an enrolled resolution, which originated in the Senate, of
the following titles viz:

An act for the benefit of John Wright, and Elizabeth, his wife.

A resolution concerning the committee on Banks.

Approved January 19, 1848.

Mr. Helm read and laid on the table the following joint resolutions
to-wit:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That that the Board of Internal Improvement be required to engage the ser¬
vice of a competent engineer, and ascertain the cost of repairing and putting
in a condition, according to the most approved plan for running steam cars.

JOURNAL OF THE SENATE.

[Jan. 20.

the Lexington and Ohio Railroad. That they also ascertain if there is a
more practicable route than the present, of reaching the Kentucky river;
if so, report the probable cost of constructing the change in the route, and
procuring the t ight of way ; and that they report, if practicable, to the pres¬
ent General Assembly.

Resolved, That the Board be instructed to enquire, and ascertain by bids
or otherwise, what price can be had for said road, and their opinion of the
probable effect which its sale would have upon the profits of the navigation
of the Kentucky river; and that they report to the present or next General
Assembly.

The rule of the Senate being dispensed with, the said resolution was taken
up, twice read and adopted.

On the motion of Mr. Todd,

Resolved, That the committee on Internal Improvement be directed to
enquire into the propriety of making provision, by law, for re-building, in a
permanent manner, and on the most approved plan, the railroad from Lexing¬
ton to Frankfort, either by the State, or by the State united with individual
capital and enterprise; or to provide for a sale of the present road to a pri¬
vate company, for a fair consideration; and that said committee have leave
to report by bill or otherwise.

Mr. Todd, from the select committee appointed for that purpose, reported
a bill to fix the ratio and apportion the representation in the Senate and
House of Representatives, for the ensuing four years, which was read the
first time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with, said
bill was committed to a committee of the whole house, on the state of the
Commonwealth, and made the special order of the day for Monday, the 31st
instant.

Ordered , That the Public Printer print 150 copies of the said bill, and
also of the tables reported with it, for the use of the General Assembly.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Hobbs—1. A bill to incorporate the Book Concern
of the Methodist Episcopal Church South, the principal depository of which
is in Louisville, Kentucky.

On the motion of Mr. Crenshaw—2. A bill to appropriate the proceeds of
the sales of vacant lands, in Nicholas county, to the purposes of Internal Im¬
provement in said county.

On the motion of Mr. Grey—3. A bill to regulate the time of holding the
Circuit Courts in the 2d, 7th, 14th, 16th and ISth Judicial Districts.

On the motion of Mr. Russell—4. A bill to incorporate the town of Bridge¬
port, in Franklin county.

Messrs. Hobbs, Hardin, Helm, Walker, Thornton and J. Speed Smith
were appointed a committee to prepare and bring in the 1st; Messrs. Grey,
Patterson and McNary the 3d; the cemmittee on Internal Improvement was

Jan. 31.] JOURNAL OF THE SENATE. 95

directed to prepare and bring in the 2d; and the committee on the Judiciary
the 4th.

Bills from the House of Representatives, of the following titles, were sev¬
erally read the first time, to-wit:

1. An act for the benefit of John H. Boarman.

2. An act for the benefit of Benjamin Franklin Violett.

3. An act for the benefit of Thomas Green, of Christian county.

4. An act for the benefit of William Fortson.

5. An act to incorporate the town of Clifton, in Woodford county.

6. An act to enlarge the Constable’s District including the town of Lon¬
don.

7. An act for the benefit of Reese Bourland, of Ballard county.

[ r Ordered, That said bills be read a second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, they were referred—the 1st, 5th and 6th to the committee on the
the Judiciary, and the 2d, 3d, 4th and 7th to the committee on Propositions
and Grievances.

The Senate, according to the standing order of the day, resolved itself in¬
to a committee of the whole House, on the state of the Commonwealth, Mr.
Walker in the Chair. After a short time spent in committee, the Speaker
resumed the Chair, when Mr. Walker reported that the committee had. ac¬
cording to order, had under consideration a bill to modify and change the law
of 1S33, prohibiting the importation of slaves into this State, and had gone
through with the same, and directed him to report it to the Senate without
amendment.

And then the Senate adjourned.

FRIDAY, JANUARY 21, 1S4S.

A message was received from the House of Representatives, announc¬
ing that they had received official information that the Governor had ap¬
proved and signed enrolled bills, which originated in that House, of the
following titles, viz:

An act for the benefit of certain Common School Districts.

An act to amend an act, entitled, an act to incorporate the Faculty of the
Western Military Institute.

96 JOURNAL OF THE SENATE. [Jan. 21.

An act for the benefit of the Clifton Guards, in Woodford county.

An act for the benefit of William A. Butt.

An act to authorize the city of Covington to levy a special tax.

An act for the benefit of Janette Cornell.

An act allowing two additional Justices of the Peace to the county of
Muhlenburg.

An act for the benefit of Moses Cawood, late Sheriff of Harlan county.

An act allowing an additional Justice of the Peace to the county of
Daviess.

An act to authorize the County Court of Knox to appoint a Constable
in the district including the town of Barboursville.

An act to divorce Susanna Peters and change her name.

An act for the benefit of Marcus R. Hardin.

Approved January 19, 184S.

That they had passed a bill from the Senate, entitled, an act to equalize
the compensation for the collection of the revenue tax.

1. Mr. Hardin presented the petition of sundry citizens of Boyle county,
praying for the passage of a law to incorporate a company to construct a
railroad from Danville to the Kentucky River.

2. Mr. Rice presented the petition of sundry citizens of the town of Lou¬
isa, in Lawrence county, praying the passage of a law establishing a ferry
at said town; and also the remonstrance of sundry citizens of said town
against the establishment of said ferry.

3. Mr. Hobbs presented the petition of the President, Directors and Com¬
pany of the Fontaine Ferry turnpike road, praying for an amendment to
the charter of said road.

4. Mr. Crenshaw presented the petition of James H. Anderson, praying
for the passage of a law authorizing him to build a dam across Little Barren
river.

5. Mr. Walker presented the petition of sundry citizens of the town of
Russellville, praying the location of a branch of the Lunatic Asylum at said
town.

Which petitions were severally received and referred—the 1st, 3d and
4th to the committee on Internal Improvement; the 2d to the committee
on the Judiciary; and the 5th to a select committee to whom was referred
the subject of a Lunatic Asylum in the Green river country, or southern
part of the Slate.

Ordered, That the Public Printer print 150 copies of the 5th petition,
for the use of the General Assembly.

On the motion of Mr. Walker,

Leave was given to withdraw from the files of the Senate, the papers in
relation to the erection of a Lunatic Asylum in the Green river country, or

JOURNAL OF THE SENATE.

Jan. 21.]

southern part of this State, and the said papers were referred to the select
committee on that subject.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Heady—1. A bill for the benefit of Theodore L.
Burnett, of Spencer county.

On the motion of Mr. Young—2. A bill for the benefit of Jacob Elling¬
ton of Morgan county.

On the motion of Mr. Williams—3. A bill to amend the act to incorpo¬
rate the Paris Cemetery Company.

On tho motion of Mr. White—4. A bill extending to Hiram Begley the
further time of two years to collect tax and fees due him as formei Shei iff
of Perry county.

On the motion of Mr. Thurman—5. A bill to amend an act, entitled, an
act for the benefit of Ann L. Clements.

On the motion of Mr. Wall—6. A bill to add an additional teim to the
Harrison Circuit Court.

The committee on the Judiciary was directed to prepare and bring in the
1st, 5th and 6th ; Messrs. Young, Helm and Crenshaw were appointed a
committee to prepare and bring in the 2d; Messrs. Williams, Boyd and
Draffin the 3d; and Messrs. White, J. Speed Smith and Thurman the4th.

Mr. J. Speed Smith, from the committee on Internal Improvement, to
whom was referred a bill from the House of Representatives, entitled, an
act to extend Canal street, in the town of Harrodsburg, reported the same
without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Evans, from the committee on Education, to whom was referred
a bill from the House of Representatives, entitled, an act to incorporate the
Trustees of Liberty School House, in Trimble county, reported the same
without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Heady, from the committee on Military Affairs, to whom was refer¬
red a bill from the House of Representatives, entitled, an act for the bene¬
fit of Major General Robert Martin, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

98 JOURNAL OF THE SENATE. [Jan. 21.

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hardin, from the committee on the Judiciary, to whom was referred
a bill from the House of Representatives, entitled, an act to amend the sev¬
eral acts to suppress duelling, reported the same without amendment.

Ordered, That said bill be read a third time.

On the motion of Mr. Hardin, the committee on the Judiciary was dis¬
charged from the duty of preparing and bringing in a bill providing for taking
the depositions of physicians.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred bills from the House of Representatives, of the following ti¬
tles, to-wit:

An act for the benefit of Reese Bourland, of Ballard county.

An act for the benefit of Thomas Green, of Christian county.

An act for the benefit of William Fortson.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Walker, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to change the names of cer¬
tain peisons, repoited the same with an amendment, which was concurred
in.

Ordered, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof
be as aforesaid.

Mr. Walker, from the same committee, to whom was referred a bill from
the House of Representatives, entitled an act for the benefit of William An¬
drews, of Monroe county, reported the same, with the opinion of the com¬
mittee that it ought not to pass.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Walker, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of Benjamin
Franklin Yiolett, reported the same without amendment.

The said bill was amended, and ordered to be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof be
amended by adding, “and William Bush, Jr.”

Jan. 21.] JOURNAL OF THE SENATE.

On the motion of Mr. Walker, the committee on Propositions and Griev¬
ances was discarged from the further consideration of the petition of Louisa
Y. Newman ; and said petition was referred to the committee on the Ju¬
diciary.

Mr. Boyd, from the committee on Religion, to whom was a referred bills
from the House of Representatives of the following titles, to-wit:

An act for the benefit of Elizabeth Huffaker.

An act to divorce William Wilkinson from his wife, Juliana Wilkinson.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved , That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. J. Speed Smith, from the committee on Internal Improvement, re¬
ported a bill to continue in force the 4th and 8th sections of an act, entitled,
an act to amend the charter of the Louisville and Elizabethtown Turnpike
Company, and Covington and Lexington Turnpike Company, which was
read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,
said bill was ordered to be engrossed and read a third time.

Mr. Rice, from the committee on the Judiciary, reported a bill to prevent
the sale of spirituous liquors on the Sabbath day, and for other purposes,
which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading of said bill was dispensed
with, and the Public Printer was directed to print 150 copies thereof for the
use of the General Assembly.

The following bills were reported, to-wit:

By Mr. Hobbs, from a select committee—A bill to incorporate the Book
Concern of the Methodist Episcopal Church South.

By Mr. Walker, from the committee on Propositions and Grievances—A
bill extending the limits of the town of Pleasureville, in Henry county.

By same—A bill for the benefit of Moses Kirkpatrick, of Monroe county.

By same—A bill for the benefit of Pleasant H. Williams, of Clinton county.

By same—A bill to allow an additional Constable to Larue county.

By Mr. Williams, from a select committee—A bill to amend the act to
incorporate the Paris Cemetery Company.

By Mr. Boyd, from the committee on Religion—A bill for the benefit of
Major and Elizabeth Ann Weatherspoon, of Allen county.

By Mr. Hobbs, from a select committee—A bill to incorporate the Cave
Hill Cemetery Company, of Louisville.

By Mr. Grey, from a select committee—A bill to establish the Cumber¬
land River, Fairview and Green River Railroad Company.

100 JOURNAL OF THE SENATE. [Jan. 22.

Which bills were each read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Thomas, from the committee on Religion, reported a bill to divorce
Sarah Lane, which was read the first time, and ordered to be read a second
time.

The constitutional rule as to the second reading being dispensed with, said
bill was amended, and ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of said bill being dispens¬
ed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be amended by
adding thereto, “and others.”

Mr. Russell moved the following preamble and resolutions, which was
unanimously adopted, to-wit:

Whereas, it is represented to the Senate that Captain Frank Chambers
late of the 2d Regiment, Kentucky Infantry, departed this life in this city
on Thursday, the 20th inst., of a painful and lingering disease, contracted
from exposuie and hardships in the service of his country, in Mexico, in the
campaign undet Gen. Z. Taylor, which terminated with the glorious victory
of Buena \ ista, where Captain Chambers, although suffering from disease,
refused to be absent from the field of battle, but gallantly led on his com¬
mand until fainting from debility and disease, he was carried from the field in
a state of insensibility—therefore, in order to testify the proper respect for
his memory, and admiration of his chivalry as a soldier and character as a
man,

Resolved, That the Senate will adjourn in order to attend his funeral,
which takes place at half past two o’clock, on this day.

Resolved, I hat the Senators of Kentucky deeply sympathize with the be¬
reaved and widowed mother, and afflicted "brothers and sisters of Captain
Chambers.

And the Senate adjourned accordingly.

SATURDAY, JANUARY 22, 1848.

A message was received from the House of Representatives,
they had passed a bill from the Senate, entitled, an act to inct
Book Concern of the Methodist Episcopal Church South,

• -rrfWMil

Jan. 22.]

JOURNAL OF THE SENATE.

That they had passed bills of the following titles, to-wit:

1 An act increase the compensation of grand juiors.

2. An act relinquishing the title of the Commonwealth to certain real es¬
tate to trustees, for school purposes.

3. An act to increase the revenue.

4. An act for the benefit of Franklin Darnell.

5. An act for the benefit of Rebecca Shields.

6 An act for the divorce of Jesse Fitzgerald.

7 An act to divorce Susan F. Norrell, and for other purposes.

S. An act to amend the charter of the city of Maysville, and for other

PU WhTch bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading ot said bills being dispens¬
ed with' they were referred—the 1st and* 3d to the committee on Finance;
the 2d and 8th to the committee on the Judiciary; and 4th, 5th, 6th and
7th to the committee on Religion.

1 Mr Marshall presented the remonstrance of Hugh Mitchell and others,
against the repeal of the law declaring Little Barren river a navigable stream.

2 Mr Walker presented the petition of sundry citizens of Logan coun¬
ty pray in w for the passage of a law incorporating a company in said coun¬
ty for the purpose of manufacturing cotton and woolen goods

3 Mr Draffin presented the petition of sundry citizens of Mercer coun¬
ty'prayin- the State to aid in the construction of a turnpike road from Har-
rodsburg to Munday’s landing, on the Kentucky river.

4 Mr J Speed Smith presented the petition of Thomas C. Barnes, ad¬
ministrator of Benjamin F. Thomas, deceased, praying the State, as a joint
stockholder in the Owingsville and Big Sandy turnpike road, to make pay¬
ment of her proportion of a judgment obtained by said Thomas against the
President and Directors of said Company, in the Bath Circuit Gouit.

5 Mr Rice presented the petition of sundry citizens of Carter county,

praying for the passage of a law to change the road leading from Owings¬
ville to Big Sandy. , T TT _ , , _ .

6 Mr Patterson presented the petition of J. H. Roberts and Coleman

Brown of Caldwell county, praying for the passage of a law authorizing
them to make conveyance of certain land sold in the life time of the wives

of said petitioners. , ,

7. Mr. White presented the petition of Mary Howard, praying for the

passage of a law divorcing her from her husband, Eh Howard.

8. Mr. Patterson presented the petition of sundry citizens of the town of
Paducah, praying for the passage of a law authorizing the Chairman and
Board of Trusteed of said town to file their petition in the McCracken Cir-

1U ~ JOURNAL OF THE SENATE. [j A *. 2 2.

cuil Ccui-t, to have lots numbering from 13 to 20, inclusive, condemned for
tor the use of said town.

9. Mr. Hardin presented the petition of Francis M. Ewing, who stands
indicted in the Adair Circuit Court for murder, praying for the passage of a
law gianting him a change of venue.

10. Mr. J. Speed Smith presented the petition of sundry citizens of Clay
county, praying for thepassage of a law makingan appropriation for the im¬
provement of the South Fork of the Kentucky river.

Which petitions were severally received and referred—the 1st, 3d 4th
5th and 10th to the committee on Internal Improvement; the 2d to the
committee on Agriculture and Manufactures; the 6th, 8th and 9th to the
committee on the Judiciary; and the 7th to the committee on Religion.

Mr. Hardin from the committee on the Judiciary, to whom was referred
bills from the House of Representatives, of the following titles, to-wif
An act for the benefit of Thomas H. Hord and wife.

An act to change the time of holding the Hancock Circuit Court, and
to limit the terms of the Breckinridge Circuit Court.

An act to incorporate the town of Clifton, in Woodford county
An act for the benefit of George Martin, of Greenup county

An act to enlarge the Constable’s District including the town of Lon-
don.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with

Resolved, That said bills do pass, and that the titles thereof be as’ afore¬
said.

On the motion of Mr. Bradley,

Ordered, That a message be sent to the House of Representatives to ask
leave to withdraw the report of the passage, by the Senate, of a bill from
that House entitled, an act to incorporate the Columbian Mining Company

ot Crittenden county; and Mr. Bradlev Wnc rliroci*>,1 — . • i

.i:.'.

— - v>". - r + * \ -

Jan. 22.]

JOURNAL OF THE SENATE.

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Draffin, from the same committee, to whom was referred bills fiom
the House of Representatives, of the following titles, to-wit.

An act for the benefit of Nathan B. Chism.

An act for the benefit of Achille Dubourg.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Draffin, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of Mary D.
Mosbv, reported the same without amendment.

The said bill was amended, and ordered to be read time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bill, as amended, do pass, and that the title thereof
be amended by adding, “and Daniel B. Mosby.”

Mr. J. Speed Smith, from the committee on Internal Improvement, to
whom was referred a bill from the House of Representatives, entitled, an
act to authorize Thomas Bratcher to raise his mill dam on Caney creek, in
Grayson county, reported the same with an amendment, which was concur-
ed in.

Ordered, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bill, as amended, do pass, and that the title thereof be
as aforesaid.

' Mr. James, from the committee on Finance, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of the
Sheriff of Floyd county, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Leave of absence was granted to Mr. Taylor and to Mr. James until Wed¬
nesday next, and to Mr. Thomas until Friday next.

The following bills were reported, to-wit:

By Mr. Hardin, from the committee on the Judiciary—1. A bill for the
benefit of Richard E. Neil, and Elizabeth E. Neil his wife.

By Mr. Rice, from the same committee—2. A bill to enlarge the powers
of the Trustees of the town of Louisa.

104

JOURNAL OF THE SENATE. [Jan. 22.

By Mi. Boyd, from the committee on Religion—3. A bill for the benefit
of Henry Trunnell.

By Mr. J. Speed Smith, from the committee on Internal Improvement—4.
A bill to amend an act, entitled, an act to establish the Fontaine Ferry Turn¬
pike Road Company.

By Mr. James, from the committee on Finance—5. A bill for the benefit
of Rebecca Claypool, a lunatic.

By Mr. Walker, from the committee on Propositions and Grievances—6.
A bill for the benefit of Mary Terhoune, of Fleming county.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Bradley, from the joint committee on Enrollments, reported that the
committee had examined enrolled bills and an enrolled resolution, which
originated in the House of Representatives, of the following titles, to-wit:

An act to remove the Seat of Justice of Mason county from the town of
Washington to the city of Maysville.

An act for the benefit of Nelson D. Bennett.

An act for the benefit of the Clerk of the Fulton County Court.

An act for the benefit of John S. Bledsoe.

An act to amend the law incorporating the town of Proctor, in the county
of Owsley.

An act directing a change of venue to Henry S. Logan and Benjamin
Raburn.

An act regulating the jurisdiction of the Police Judge of the town of
Sbelbyville.

An act to amend the road law of Greenup countv.

An act to establish the town of Priceville, in Hart county.

An act for the benefit of William B. Dunlap, of Shelby county.

An act to legalize the laying off and surveying the "town of Monterey,
and change the place of voting.

A resolution in relation to the establishment of another Lunatic Asylum.

And had found the same truly enrolled.

The said bills and resolution having been signed bv the Speaker of the
House of Representatives, the Speaker of the Senate "affixed his signature
thereto, and they were delivered to the committee to be presented" to the
Governor for his approbation and signature. After a short time Mr. Bradlev
reported that the committee had performed that duty.

Mi. James, from the committee on Finance, reported a bill for the bene¬
fit of Con rod Havens.

JOURNAL OF THE SENATE.

105

Jan. 22.]

Mr. J. Speed Smith, from a select committee, reported a bill for the ben¬
efit of Hiram Begley, of Perry county.

Which bills were each read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with, said
bills were each amended, and ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of said bills being dispens¬
ed with, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be amended
by adding “and for other purposes.”

Mr. Crenshaw, from a select committee, reported a bill for the benefit of
Jacob Ellington, which was read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with, said
bill was referred to the committee on Finance.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Marshall—1. A bill to authorize the Justices of the
Peace of Green county to sell the old clerk’s office.

On the motion of Mr. Fox—2. A bill providing for a change of venue in
the prosecution against William Peyton, pending in the Casey Circuit Court.

On the motion of Mr. Boyd—3. A bill to repeal an act concerning slaves,
approved February 21st, 1846.

On the motion of Mr. Hawkins—4. A bill for the benefit of Isham G.
Hamilton, Clerk of the Boone County Court.

On the motion of Mr. Williams—5. A bill to amend the charter of the
Bourbon County Agricultural Society.

On the motion of Mr. Todd—6. A bill for the divorce of Hannah Dolan.

The committee on the Judiciary was directed to prepare and bring in the
1st and 2d; the committee on Finance the 4th; the committee on Religion
the 6th; Messrs. Boyd, Williams and McMillan were appointed a commit¬
tee to prepare and bring in the 3d; and Messrs. Williams, Boyd and Patter¬
son the 5th.

On the motion of Mr. Grey, he was excused from serving as a member
of the committee on Banks, and Mr. Slaughter was added to the said com¬
mittee.

On the motion of Mr. J. Speed Smith,

Resolved, That the committee on the Judiciary be instructed to enquire
into the expediency and propriety of amending an act, entitled, an act to
produce uniformity of tolls on the turnpike roads in this Commonwealth.

Mr. Draffin read and laid on the table the following joint resolutions,
to-wit:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That General Zachary Taylor be, and he is hereby nominated as a suitable
14

JOURNAL OF THE SENATE.

106

[Jan. 22.

person and candidate for the Presidency in the present year, and we recom¬
mend him as such to the whole people of the United States.

Resolved further, That we believe if General Taylor is elected President
of the United States, that he will administer the government purely, hon¬
estly, and with a view to the interest and honor of the whole nation.

On the motion of Mr. J. Speed Smith,

Resolved, That the committee on the Public Library be instructed to en¬
quire into the expediency of purchasing, for the Public Library, — copies
of Collins’ Historical Sketches of Kentucky.

A message was' received from the House of Representatives, by Mr.
Hardy, announcing that they had passed a bill, entitled, an act to amend the
charter of the Western Baptist Theological Institute, at Covington, Ken¬
tucky.

A bill to modify and change the law of 1833, prohibiting the importation
of slaves into this State, came up in the orders of the day.

The said bill reads as follows, to-wit:

Sec. 1. Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That from and after the passage of this act, the citizens of
this State shall be and they are hereby permitted to import into this Stale,
from any one of the States of this Union, any slave or slaves, for their own
use: Provided, That the person or persons, so importing said slave or slaves,
shall, within sixty days from and after said importation, make oath or af¬
firmation before the Clerk of the County Court where said slave or slaves
were imported, that said slave or slaves were imported in good faith, for his,
her, or their own private use and benefit, and not as merchandise or for
speculation or sale; and shall, also, make out a true and correct list of said
slave or slaves, setting forth the age, name, color and sex of said slave or
slaves ; and shall, also, make an affidavit, and file the same with the Clerk of
the County Court, that said list is true and correct, which list and affidavit
aforesaid shall be recorded by the Clerk in his office; and the Clerk, for re¬
cording the affidavit and list aforesaid, shall receive from the person or per¬
sons importing said slave or slaves, the sum of fifty cents for one slave, and
ten cents for each additional slave, as a fee therefor.

Sec. 2. Be it further enacted. That if any person or persons shall falsely
take the oaths prescribed in the first section of this act, shall be deemed
guilty of the crime of perjury, and shall, upon conviction, undergo a confine¬
ment in the jail and Penitentiary house of this State, for a term not less
than one year nor more than five years.

Sec. 3. Be it further enacted. That all acts, or parts of acts, coming
within the purview of this act, be and the same are hereby repealed.

Mr. Williams moved to amend the said bill by adding thereto the follow¬
ing, as an additional section, to-wit:

Be it further enacted. That if any slave be imported into this Common¬
wealth for merchandise, it shall be lawful for such slave to institute a suit, in
any court of competent jurisdiction, for his or her freedom, and upon a ver¬
dict and judgment in favor of such slave, he or she shall be, to all intents
and purposes, a free person of color; and said suit may be instituted against
any person who shall be his or her owner, whether that person be the im-

Jan. 22.]

JOURNAL OF THE SENATE.

107

porter or not: Provided, That, unless said slave, in whose favor such ver¬
dict and judgment may be rendered, shall, within twelve months from the
rendition thereof, leave the Commonwealth for the Republic of Liberia, he
or she shall be liable, upon the presentment of a grand jury, to be arrested
by capias from the Circuit Court to whom the presentment is made as if indict-
ed for felony; and, upon the finding of a jury that the presentment is true, the
court shall order such slave to be sold by the Sheriff, to the highest bidder, at
such time and place as it may deem proper, and the proceeds of sale shall be
paid by the Sheriff into the Treasury of this Commonwealth, he to be allow-
ed two per cent, on the amount of sale, to be deducted therefrom as a fee,
and the jailer to be allowed fees as in cases of persons confined for felony.

Mr. Hobbs moved an amendment to the said bill.

Mr. Boyd moved the previous question.

And the question being taken, shall the main question be now put? it
was decided in the negative.

The yeas and nays being required thereon by Messrs. Fox and Hobbs,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley, Evans, Marshall,

Bramlette, Grey, McNary,

Brien, Hambleton, Thurman,

Draffin, Heady, Walker,

English, James, Young—15.

Those who voted in the negative, were—

Messrs. Boyd, Hobbs, Swope,

Crenshaw, Holloway, Thomas,

Fox, McMillan, Thornton,

Hardin. Patterson, Todd,

Hawkins, Russell, Wall,

Helm, Slaughter,

Henderson, Speed Smith, Williams 21.

Mr. Hobbs withdrew his amendment.

The question was then taken on the adoption of the amendment proposed
by Mr. Williams, and it was decided in the negative; the Senate being equal¬
ly divided, the Speaker voted in the negative.

The yeas and nays being required thereon by Messrs. Brien and Hobbs,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Boyd, Hobbs, Thomas,

Bramlette, Holloway, Thornton,

Crenshaw, McMillan, Thurman,

Draffin, McNary, Todd,

Fox, Patterson, White,

Henderson, Slaughter, Williams—18.

108

JOURNAL OF THE SENATE.

[Jan. 22.

Those who voted in the negative, were—

Messrs. Bradley,

Hardin,

Russell,

Brien,

Hawkins,

Speed Smith,

English,

Heady,

Swope,

Evans,

Helm,

Walker,

Grey,

James,

Wall,

Hambleton,

Marshall,

Young—18.

Mr. Hobbs then moved to amend the said bill by adding thereto the fol¬
lowing, as an additional section, to-wit:

Be it further enacted, That any negro brought into this State, under the
provisions of this act, who may be convicted and executed for felony, shall
not be paid for by the Commonwealth.

The question being taken on the adoption of said amendment, it was de¬
cided in the negative ; ihe Senate being equally divided, the Speaker voted
in the negative.

The yeas and nays being required thereon by Messrs. Patterson and Boyd,
were as follows, to-wit:

Those who voted in the affirmative, were—

;. Boyd,

Hobbs,

Thomas,

Bramlette,

Holloway,

Thornton,

Crenshaw,

McMillan,

Thurman,

Fox,

Patterson,

Todd,

Hambleton,

Russell,

Wall,

Henderson,

Slaughter,

Williams—18.

Those who voted in the negative,

were—

s. Bradley,

Hardin,

McNary,

Brien,

Hawkins,

Speed Smith,

Draffin,

Heady,

Swope,

English,

Helm,

Walker,

Evans,

James,

White,

Grey,

Marshall,

Young—18.

Mr. Fox then moved to amend said bill by adding the following proviso,
which was adopted, to-wit:

Provided, That no slave or slaves imported into this State, under the
provisions of this act, shall be sold or transferred within this State, by the
person or persons importing the same, for the term of five years after the
importation of said slave or slaves.

The question was then taken on engrossing and reading said bill a third
time, and it was decided in the negative, and so the said bill was rejected.

The yeas and nays being required thereon by Messrs. Fox and Boyd,
were as follows, to-wit:

Messrs. Bradley,
Bramlette,

Those who voted in the affirmative, were—

Grey, Russell,

Hambleton, Thurman,

JOURNAL OF THE SENATE.

109

Jan. 24.]

Brien,

Draffin,

English,

Evans,

Heady, Walker,

James, White,

Marshall, Young—17.

McNary,

Messrs. Boyd,

Crenshaw,

Fox,

Hardin,

Hawkins,

Helm,

Henderson,

Those

who voted in the negative, were—

Hobbs,

Holloway,

McMillan,

Patterson,

Slaughter,

Speed Smith,

Swope,

Thomas,

Thornton,

Todd,

Wall,

Williams—19.

And then the Senate adjourned.

MONDAY, JANUARY 24, 1848.

A message was received from the House of Representatives, announcing
that they had adopted a preamble and resolutions in relation to General John
Caldwell, late Lieutenant Governor of Kentucky.

That they had passed bills of the following titles, to-wit:

1. An act more effectually to suppress gambling.

2. An act for the benefit of Benjamin Berry, Jr., of Union county.

3. An act to amend the road law of the county of Boone.

4. An act for the benefit of the Dover and Minerva Turnpike, and Mays-
ville and Germantown Turnpike.

5. An act to incorporate the Christian Church, at Morganfield.

6. An act to amend an act, entitled, an act to incorporate the town of
Lagrange, approved January 23, 1S40.

7. An act establishing precincts in Floyd and Rockcastle counties.

8. An act declaring Middle creek, in Floyd county, navigable from its
mouth to its first forks, at Spradling’s store.

9. An act allowing an additional Constable to the county of Johnson.

10. An act allowing an additional Constable to Bath county.

11. An act allowing an additional Justice of the Peace to the county of
Floyd.

Which bills were severally read the first time, and ordered to be read a
second time.

110

JOURNAL OF THE SENATE.

[Jan. 24.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, the 1st and 5th were referred to the committee on the Judiciary;
the 2d, 9th, 10th and 11th to the committee on Propositions and Grievan¬
ces; the 4th and 8th to the committee on Internal Improvement; the 5th
to the committee on Religion ; and the 3d and 7th were ordered to be read
a third time.

The constitutional rule as to the third reading of the 3d and 7th bills being
dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

1. Mr. Marshall presented the remonstrance of John Brockman and others,
against the repeal of the law declaring Little Barren river a navigable stream.

2. Mr. J. Speed Smith presented the memorial of Mrs. Jane McKee, wid¬
ow of Col. William R. McKee, deceased, who was one of the lessees of
the Lexington and Ohio Railroad, praying to be released from said contract,
and that the State take under its own control the interest of said estate in
said road for the unexpired term of said lease.

3. Mr. Hobbs presented the petition of James T. Locknane, of Clarke
county, praying for the passage of a law allowing him to import into this
State certain slaves without incurring the penalty of the law of 1833, pro¬
hibiting the importation of slaves into this State.

4. Mr. Grey presented the remonstrance of sundry citizens of the town
of Hopkinsville, against the passage of a law authorizing the trustees of said
town to subscribe for stock in the Hopkinsville and Cumberland River Rail¬
road.

5. Mr. Grey also presented the remonstrance of sundry citizens of the
town of Paducah, against the passage of a law authorizing the President
and Board of Trustees of said town to condemn certain town lots for pub¬
lic purposes.

6. Mr. Brien presented the petition of Sarah Jane Acuff, of Calloway
county, praying for the passage of a law divorcing her from her husband, Jo¬
seph Acuff.

Which petitions and remonstrances were severally received and referred
—(the 2d being read,) the 1st and 4th to the committee on Internal Im¬
provement; the 2d and 5th to the committee on the Judiciary; the 3d to
the committee on Propositions and Grievances; and the 6th to the com¬
mittee on Religion.

The following bills were reported, to-wit:

By Mr. J. Speed Smith, from the committee on Internal Improvement—1.
A bill appropriating the proceeds of the sales of vacant lands in Nicholas
county to the purpose of Internal Improvement within said county.

By same—2. A bill to incorporate the Frankfort and Lawrenceburg
Turnpike Road Company.

JOURNAL OF THE SENATE.

Ill

Jan. 24.]

By Mr. Boyd, from a select committee—3. A bill to repeal an act con¬
cerning slaves, approved 21st February, 1846.

By Mr. Hardin, from the committee on the Judiciary—4. A bill to amend
the act incorporating the town of Greensburg.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dis¬
pensed with, the 2d was placed in the orders of the day; the 3d was refer¬
red to the committee on the Judiciary; and the 1st and 4th were ordered to
be engrossed and read a third time.

The constitutional rule as to the third reading of the 1st and 4th bills be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

On the motion of Mr. Crenshaw, Mr. Grey was added to the committee
on the part of the Senate, appointed to visit the Lunatic Asylum.

Mr. Evans read and laid on the table the following resolution, to-wit:

Resolved, That the General Assembly of the Commonwealth of Ken¬
tucky will adjourn, sine die, on the 12th day of February, 1848.

On the motion of Mr. Draffin,

Resolved, That the committee on Finance be and is hereby instructed to
enquire into, and ascertain under what law, (if any,) the 2d Auditor draws
his warrant on the Treasury to pay for attendance on the executive offices,
and report the result of the investigation to this House.

A message in writing, was received from the Governor, by Mr. Mitch¬
ell, Assistant Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
up, and read as follows, to-wit:

Gentlemen of the Senate and House of Representatives :

I herewith transmit, for your consideration, a resolution of the General
Assembly of the State of Tennessee, together with a letter from the Gov¬
ernor of that State, which were received by me this morning.

WM. OWSLEY.

Resolutions directory to the Governor of Tennessee.

By an act of the General Assembly of Tennessee, passed the 20th of Jan¬
uary, 1844, making it the duty of the Governor of Tennessee to appoint two
Commissioners, to meet two Commissioners on the part of Kentucky, to run
and re-mark the State line between Tennessee and Kentucky. Said Com¬
missioners performed the duty assigned to them, and made their report to
the last General Assembly of this State, then in session, which report was
red in, but Kentucky has taken no action thereupon. Therefore,

Be it resolved by the General Assembly of the State of Tennessee, That
the Governor of Tennessee be requested to correspond with the Governor

112 JOURNAL OF THE SENATE. [Jan. 24.

of Kentucky, asking action on the part of Kentucky, upon said report, and
the communication thereof to the Governor of Tennessee, so that the same
may be laid before this General Assembly.

F. BUCHANAN,

Speaker of the House of Representatives.

J. M. ANDERSON,

Speaker of the Senate.

Adopted January 11th, 1848.

State Department, )

Nashville, January 20 th, 1848. \

I, William B. A. Ranney, Secretary of State for the State of Tennessee,
do hereby certify the foregoing to be a full and true copy of a resolution
adopted by the General Assembly of said State, as appears from the original
now on file in my office. W. B. A. RANNEY,

Secretary of State.

Executive Department, )

Nashville, January 20 th, 1848. j

Sir: 1 have the honor to enclose to you, the annexed resolution of our
present General Assembly, and your earliest attention is respectfully solicit¬
ed to the subject therein referred to. Our General Assembly will probably
close its session by the first of February, and desire the information sought,
if possible, before the adjournment. Very respectfully,

N. S. BROWN.

His Excellency, William Owsley.

Ordered, That said message and accompanying documents be referred to
the committee on Federal Relations.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. Williams—1. A bill for the benefit of the Trus¬
tees of the Jump Common School District, in Bourbon county.

On the motion of Mr. J. Speed Smith—2. A bill to incorporate a Compa¬
ny to construct a Turnpike road from Richmond to Lancaster.

The committee on Education was directed to prepare and bring in the 1st,
and the committee on Internal Improvement the 2d.

A bill from the House of Representatives, entitled, an act to amend the
charter of the Western Baptist Theological Institute, at Covington, Ken¬
tucky, was read the first time.

Ordered, That said bill be read a second time.

The constitutional rule as to the second reading being dispensed with,
said bill was referred to the commitee on the Judiciary.

The preamble and resolutions from the House of Representatives, in rela¬
tion to General John Caldwell, late Lieutenant Governor of Kentucky, were
taken up and made the special order of the day for to-morrow at 11 o’clock.

JOURNAL OF THE SENATE.

1 IB

Jan. 24.]

An engrossed bill, entitled, an act to amend an act, entitled, an act far¬
ther to protect the rights of married women, was taken up and referred to
the committee on the Judiciary.

An engrossed bill, entitled, an act to incorporate the Lebanon, New Mar¬
ket and Springfield Turnpike Road Company, \yasread the third time.

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Bradley, from the joint committee on Enrollments, reported that the
committee had examined enrolled bills, which originated in the House of
Representatives, of the following titles, to-wit:

An act to enlarge the Constable’s District including the town of Hart¬
ford, in Ohio county.

An act to change the name of Thaddeus Franklin to that of Thaddeus
Mortimer.

An act for the benefit of Jonathan Pryor.

An act allowing to the county of Letcher an additional Justice of the
Peace and Constable, and for other purposes.

An act to incorporate the Trustees of Liberty school house, in Trimble
county.

An act for the benefit of Thomas Green, of Christian county.

An act for the benefit of Reese Bourland, of Ballard county.

An act for the benefit of William Fortson.

An act for the benefit of William Andrews, of Monroe county.

An act to extend Canal street, in the town of Harrodsburg.

An act for the benefit of Major General Robert Martin.

An act for the benefit of Elizabeth Huffaker.

An act to divorce William Wilkinson from his wife, Juliana Wilkinson.

And had found the same truly enrolled.

The said bills having been signed by the Speaker of the House of Repre¬
sentatives, the Speaker, of the Senate affixed his signature thereto, and they
were delivered to the committee to be presented to the Governor for his ap¬
probation and signature. After a short time Mr. Bradley reported that
the committee had performed that duty.

A bill to prevent the sale of spirituous liquors on the Sabbath day, and
for other purposes, was taken up.

The said bill was amended to read as follows, to-wit:

Sec. 1. Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That no tavern keeper, grocery keeper, or coffee house keep¬
er, or any other person in this Commonwealth, shall be permitted to sell,
give, or suffer to be drank about their house or houses, on the Sabbath day,
except it be to the members and inmates of their own families, any wine,
brandy, rum, gin or whisky, or any other ardent or spirituous liquors what¬
ever, under the penalty of five dollars for every violation of this act; and

114

JOURNAL OF THE SENATE.

[Jan. 24.

every sale, barter or gift, on the same day, shall be deemed a separate of-
ience; which penalty, with costs, may be recovered before a Justice of the
Peace, by warrant, or on presentment of a Grand Jury.

Sec. 2. Be it further enacted, That it shall be the duty of all Justices of
the Peace in this Commonwealth, where they shall know of a violation of
this act, to issue a warrant against such offender or offenders, directed to any
Constable of the county where the offender resides; and when said war¬
rant shall be returned executed, in part or in full, the Justice shall proceed to
hear and determine said cause ; and if, upon hearing, the defendant or de¬
fendants shall be adjudged guilty, he or they shall make his or their line to
the Commonwealth, as in the first section prescribed, which fine shall be
collected and accounted for as other fines.

Sec. 3. Be it further enacted, That, upon any person giving information
of a violation of this act, to any Justice of the Peace, said Justice shall is¬
sue his warrant against said offender or offenders, directed to any Constable
of the county in which the offence was committed; and upon said warrant
being returned executed, in full or in part, the Justice may proceed to hear
the cause; and upon the defendant’s being found guilty, the fine shall be ap¬
plied as directed in the second section.

Sec. 4. Be it further enacted, That it shall be the duty of the several
County Attorneys, whenever they are informed of a violation of this act by
any person having a license from the County Court to keep a tavern, coffee¬
house or grocery, to make application to said court for a rule against said of¬
fender or offenders, to show cause why their license shall not be suspended;
which rule the court shall grant; and upon said rule being executed, the
Court shall hear the cause; and if, upon hearing, the Court is satisfied that
the defendant or defendants are guilty of a violation of this act, said Court
shall make an order suspending said license, and also, render a judgment
against him or them for costs of said motion: Provided, however. That the
party or parties, if they see proper, may appeal to the next Circuit Court
from any order of the County Court suspending their license, under the same
regulations that govern cases in contested wills, but said appeal shall not ope¬
rate to release the party or parties from the force of the order made by the
County Court, during the pendency of said appeal; and any person or per¬
sons found selling any ardent or spirituous liquors, after an order made as
above, suspending his or their license, shall be held and deemed guilty of
keeping a tipling house: Provided, That the first section of this act shall
only be construed to embrace those individuals who are in the habit of sell¬
ing, or permitting to be sold tor their benefit, any ardent or spirituous liquors.

Sec. 5. Be it further enacted, That all acts, or parts of act, which per¬
mit merchants and retailers of dry goods to sell ardent or spirituous liquors
by the quart, be and the same are hereby repealed.

Sec. 6. Be it further enacted, That all the Judges in this Commonwealth,
having and empanneling Grand Juries in their said courts, shall give this act
in charge to each Grand Jury; and proceedings, for the violation of any of
the provisions of this act, may be had and prosecuted at any time within
one year after the commission of said offence, and not afterwards.

Mr. J. Speed Smith moved further to amend the said bill by adding there¬
to the following section, to-wit:

Sec. 7. Be it further enacted. That no debt created by the sale of spirit¬
uous or fermented liquors, by retail, shall be recoverable by law.

JOURNAL OF THE SENATE.

115

The question being taken on the adoption of said amendment, it was de¬
cided in the affirmative.

The yeas and nays being required thereon by Messrs. Draffin and Walker,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Boyd, Heady, Russell,

Bramlette, Hobbs, Speed Smith,

Crenshaw, Holloway, Thornton,

English, McMillan, Walker,

Hardin. McNary, Williams—17.

Hawkins, Rice,

Those who voted in the negative, were—

Messrs. Bradley, Grey, Swope,

Brien, Hambleton, Wall,

Draffin, Marshall, White,

Evans, Patterson, Young—12.

Mr. J. Speed Smith moved further to amend said bill by striking out the
1st, 2d, 3d, 4th, 5th and 6th sections thereof.

The question being taken thereon, it was decided in the affirmative ; the
Senate being equally divided, the Speaker voted in the affirmative.

The yeas and nays being required thereon by Messrs. Patterson and Draf¬
fin, were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley, Holloway, Thornton,

Bramlette, McNary, Thurman,

Crenshaw, Russell, Walker,

Heady, Speed Smith, White—13.

Hobbs,

Those who voted in the negative, were—

Messrs. Boyd, Hardin, Swope,

Draffin, Hawkins, Wall,

English, Patterson, Williams,

Evans, Rice, Young—13.

Hambleton,

And then the Senate adjourned.

116

JOURNAL OF THE SENATE.

[Jan. 25.

TUESDAY, JANUARY 25, 1848.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments proposed by the Senate, to bills
from that House, of the following titles, to-wit:

An act for the benefit of James S. Smallwood.

An act for the benefit of Thomas St. Clair Lowe and George Wilson
Jones.

An act for the benefit of James Hambel, and for other purposes.

An act to authorize Thomas Bratcher to raise his mill dam on Caney
Creek, in Grayson county.

An act authorizing the Court of Assessment for the 106th Regiment of
Kentucky Militia, to hold the court on the first Monday in April.

An act to amend the act to establish a Female Academy in the town of
Harrodsburg, approved 9th February, 1S29.

An act to incorporate the Muddy River Navigation and Manufacturing
Company.

An act to change the names of certain persons, and for other purposes.

An act for the benefit of Benjamin Franklin Yiolett.

An act for the benefit of Mary D. Mosby.

That they had passed bills from the Senate, of the following titles, to-wit:

An act to amend the charter of the Covington and Lexington Turnpike
Road Company.

An act to amend an act, entitled, an act to incorporate the Dry Run and
Covington Turnpike Road Company.

An act to establish an additional election precinct in Caldwell county.

An act for the benefit of Moses Kirkpatrick, of Monroe county.

An act for the benefit of Mary Terhoune, of Fleming county.

An act to allow an additional Constable to Larue county.

An act extending the limits of the town of Pleasureville, in Henry coun¬
ty-

That they had concurred in the adoption of a resolution from the Senate
concerning the Lexington and Ohio Railroad.

That they had passed bills of the following titles, to-wit:

An act to incorporate the Flemingsburg and Poplar Plains Turnpike Road
Company.

An act to amend the charters of the Louisville Turnpike Company, and
the Shelbyville Turnpike Road Company.

An act for the benefit of William P. Ligon.

Jan. 25.]

117

JOURNAL OF THE SENATE.

An act to change a part of the State road in Marshall county between
Gray’s ferry and Paducah.

An act to amend an act, entitled, an act to incorporate the Boone Turn¬
pike Road Company.

An act to incorporate the Paris, Winchester and Kentucky River Turn¬
pike Road Company, and the North Middletown Turnpike Road Company.

1. Mr. Hawkins presented the petition of Joseph C. Harrison and wifeand

children, of Boone county, praying for the passage of a law authorizing the
sale of a tract of land purchased of E. S. Clarkson by the said J. C. Harri¬
son, and the proceeds vested in some other way for the benefit of said chil¬
dren. . ,

2. Mr. Hobbs presented the remonstrance of sundry citizens of the city

of Louisville, against the passage of a law to incorporate another medical
school in said city.

Which petition and remonstrance were received and referred—the 1st to
the committee on the Judiciary, and the 2d to the committee on Education.

Preamble and resolutions from the House of Representatives, in relation
to General John Caldwell, late Lieutenant Governor of Kentucky, were ta¬
ken up, the further consideration thereof was postponed, and they were
made the special order of the day for Saturday next, at 11 o clock.

Mr. Plardin.from the committee on the Judiciary, reported a bill to amend
the several acts incorporating the town of Paducah, which was read the
first time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,
said bill was ordered to be engrossed and read a third time.

Mr. Hardin, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act more effectually to suppress
gambling, reported the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

The question was taken on the passage of the said bill, and it was de¬
cided in the affirmative.

The yeas and nays being required thereon by Messrs. Thurman and Har¬
din, were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Boyd,
Bradley,
Bramlette,
Crenshaw,
Draffin,
English,
Evans,
Hambleton,

Hardin,

Hawkins,

Heady,

Hobbs,

Holloway,

McNary,

Patterson,

Rice,

Russell,

Speed Smith,

Swope,

Thornton,

Walker,

Wall,

Williams,

Youngs—24.

118

JOURNAL OF THE SENATE.

[Jan. 25.

Those who voted in the negative, were—

Messrs. Thurman, White—2.

Resolved, That the title of said bill be as aforesaid.

Mr. Hardin, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to amend the charter of the
Western Baptist Theological Institute, at Covington, Kentucky, reported
the same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hardin, from the same committee, to whom was referred bills
from the House of Representatives, of the following titles, to-wit:

An act to incorporate the Stickney Mining Company, of Crittenden
county.

An act to incorporate the Columbian Mining Company, of Crittenden
county.

An act for the benefit of Samuel Jarvis.

Reported the same with amendments to each, which were concurred in.

Ordered, That said bills be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills, as amended, do pass, and that the titles thereof
be as aforesaid.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred bills from the House of Representatives, of the following titles,
to-wit:

An act allowing an additional Justice of the Peace to the county of
Floyd.

An act allowing an additional Constable to Bath county.

An act allowing an additional Constable to the countv of Johnson.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

The following bills were reported, to-wit:

By Mr. Draffin, from the committee on Religion—A bill divorcing Mary
Fenley, of Shelby county.

By Mr. J. Speed Smith, from the committee on Internal Improvement—A
bill repealing all laws declaring Bull Skin, in Clay county, a navigable stream.

By same—A bill to change in part the old State road from Owingsville
to Big Sandy.

Jan. 25.] JOURNAL OF THE SENATE. 119

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

A message in writing, was received from the Governor, by Mr. Mitch¬
ell, Assistant Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, John Milton to be Notary Public
of Jefferson county.

Thomas S. Harlow to be Commissioner of Deeds, &c., for Kentucky, in
the State of Massachusetts. WM. OWSLEY.

Resolved, That the Senate advise and consent to the said appointments.
Mr. J. Speed Smith, from the committee on Internal Improvement, to
whom was referred bills from the House of Representatives, of the fol¬
lowing titles, to-wit:

An act declaring Middle creek, in Floyd county, navigable from its
mouth to its first forks, at Spradling’s store.

An act for the benefit of the Dover and Minerva Turnpike, and Mays-
ville and Germantown Turnpike.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

On the motion of Mr. Hobbs, leave was given to bring in a bill to incorpo¬
rate the Board of Publication of the Cumberland Presbyterian Church, and
the committee on Education was directed to prepare and bring in said bill.
Mr. English moved the following preamble and resolution, to-wit:
Whereas, the Senate, on the 7th day of January, 1848, adopted a resolu¬
tion tendering the thanks of the Senate to the Society of Friends, in the city
of Philadelphia, for their donation of a copy of Dymond on War to each
member: and whereas, the said resolution was adopted before the Senate
had examined said work: and whereas, the said work contains, in our judg¬
ment, doctrines so anti-republican in their tendencies, and if adhered to by
the people of the United States, would render us, in the estimation of all na¬
tions, an imbecile republic, and a people incompetent justly to appreciate,
or honorably to defend our country against the injuries or insults of other
nations, and cannot therfore merit the sanction or approval of this body.
Therefore,

Be it resolved by the Senate, That the said resolution of thanks be, and
the same is hereby rescinded and erased from the Journal of the Senate.

JOURNAL OF THE SENATE.

The hour of 12 o’cloek having arrived, the Senate proceeded to the con¬
sideration of the orders of the day.

The Senate resumed the consideration of the unfinished order of yester¬
day, being a bill to prevent the sale of spirituous liquors on the Sabbath day,
and for other purposes.

Mr. Wall moved an amendment to the said bill.

And on motion of Mr. Patterson, the said bill and amendment were laid
on the table.

Mr. Bradley, from the joint committee on Enrollments, reported that the
committee had examined enrolled bills, which originated in the Senate, of
the following tities, to-wit:

An act for the benefit of the children of Thomas D. Helm, deceased.

An act to equalize the compensation for the collection of the revenue tax.

An act to allow an additional Constable to Larue county.

An act authorizing the Secretary of State to furnish the State of Florida
with certain reports of the Appellate Court.

An act to incoporate the Book Concern of the Methodist Episcopal Church
South.

An act extending the limits of the town of Pleasureville, in Henry couuty.

An act for the benefit of Patrick Hickman.

An act for the benefit of the heirs of David Mize, deceased.

An act to incorporate the Richmond Cemetery Company.

And enrolled bills which originated in the House of Representatives, of
the following titles, to-wit:

An act to incorporate the town' of Clifton, in Woodford county.

An act for the benefit of Thomas H. Hord and wife.

An act to change the time of holding the Hancock Circuit Court, and'
to limit the terms of the Breckinridge Circuit Court.

An act for the benefit of Maria M. Gillis, and for other purposes.

An act to divorce Elvina House, and for other purposes.

An act for the benefit of Nathan B. Chism.

An act to enlarge the Constable’s District including the town of Lon¬
don.

An act for the benefit of George Martin, of Greenup county.

An act for the benefit of the Sheriff of Floyd county.

An act for the benefit of Achille Dubourg.

And had found the same truly enrolled.

The said bills having been signed by the Speaker of the House of Rep¬
resentatives, the Speaker of the Senate affixed his signature thereto, and
they were delivered to the committee to be presented to the Governor for
his approbation and signature. After a short time Mr. Bradley reported that
the committee had performed that duty.

Jan. 26.] JOURNAL OF THE SENATE. 121

On the motion of Mr. Draffin, the committee of the Whole was discharg-
from the further consideration of a bill to connect the Kentucky River
Navigation with the Louisville and Crab Orchard Turnpike Road, in Mer¬
cer county.

The said bill was amended.

Mr. Wall moved an amendment to the said bill.

And the further consideration of said bill and amendment was postponed,
and it was made the special order of the day for Wednesday, the 2d of Feb¬
ruary next.

A bill from the House of Representatives, entitled, an act to amend the
several acts to suppress dueling, was taken up.

The vote ordering said bill to a third reading was reconsidered, and said
bill was amended.

Ordered, That said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill, as amended, do pass, and that the title thereof be
as aforesaid.

A resolution fixing a day for the final adjournment of the General Assem¬
bly, read and laid on the table by Mr. Evans, on yesterday, was taken up.

And then the Senate adjourned.

WEDNESDAY, JANUARY 26, 1848.

A message was received from the House of Representatives, announc¬
ing that they had received official information that the Governor had ap¬
proved and signed enrolled bills and a resolution, which originated in that
House, of the following titles, viz:

An act for the benefit of William B. Dunlap, of Shelby county.

An act to establish the town of Priceville, in Hart county.

An act to legalize the laying off and surveying the town of Monterey,
and change the place of voting.

An act regulating the jurisdiction of the Police Judge of the town of
Shelbyville.

An act directing a change of venue to Henry S. Logan and Benjamin
Raburn.

An act to amend the law incorporating the town of Proctor, in the county
of Owsley.

122

JOURNAL OF THE SENATE.

[Jan. 26.

An act to amend the road law of Greenup county.

An act to remove the Seat of Justice of Mason county from the town of
Washington to the city of Maysville.

An act for the benefit of John S. Bledsoe.

An act for the benefit of the Clerk of the Fulton County Court.

A resolution in relation to the establishment of another Lunatic Asylum.

An act for the benefit of Nelson D. Bennett.

Approved January 22, 1848.

An act for the benefit of Elizabeth Huffaker.

An act to divorce William Wilkinson from his wife, Juliana Wilkinson.

An act for the benefit of Major General Robert Martin.

An act to extend Canal street, in the town of Harrodsburg.

An act for the benefit of William Andrews, of Monroe county.

An act for the benefit of Thomas Green, of Christian county.

An act to incorporate the Trustees of Liberty school house, in Trimble
county.

An act for the benefit of Reese Bourland, of Ballard county.

An act for the benefit of William Fortson.

An act allowing to the county of Letcher an additional Justice of the
Peace and Constable, and for other purposes.

An act for the benefit of Jonathan Pryor.

An act to enlarge the Constable’s District including the town of Hart¬
ford, in Ohio county.

An act to change the name of Thaddeus Franklin to that of Thaddeus
Mortimer. Approved January 24, 1848.

That they had passed bills of the following titles, to-wit:

An act to incorporate the Cove Spring Academy, in the county of Boyle.

An act to incorporate the Lexington Female Institute.

An act to change the time of holding the Clay Circuit Court, and for oth¬
er purposes.

1. Mr. Patterson presented the petition of Joseph Barbour, who was
contractor for the building of Lock and Dam, No. l,on the Kentucky, pray¬
ing for the passage of a law to reimburse him for losses sustained by reason
of the non-compliance of the State on her part, with said contract.

2. Mr. Wall presented the petition of Joseph L. Craft, praying for the
passage of a law divorcing him from his wife, Hannah Craft.

3. Mr. Thurman presented the petition of a committee on behalf of Leb¬
anon Lodge, No. 87, of Free and Accepted Masons, praying for the passage
of a law incorporating said Lodge.

4. Mr. Patterson presented the petition of sundry citizens of the town of
Princeton, praying for the passage of a law compelling the Trustees of said
town to make certain improvements in the public streets of said town.

JOURNAL OP THE SENATE.

123

5. Mr. Rice presented the petition of sundry citizens of Lawrence coun¬
ty, praying for the passage of a law to permit Harry, a free man of colour,
and who is a minister of the gospel, who emigrated from Virginia, to locate
himself in said county.

Which petitions were severally received and referred—the 1st to the com¬
mittee on Internal Improvement; the 2d to the committee on Religion ; the
3d and 4th to the committee on the Judiciary; and the 5th to the committee
on Propositions and Grievances.

A message in writing, was received from the Governor, by Mr. Mitch¬
ell, Assistant Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, Merida Price to be Colonel ;
Henry C. Wood, Lieut. Colonel, and Kendrick Jameson, Major of 140th
Regiment, Kentucky Militia—being a new regiment formed in the county
of Hart. ’ WM. OWSLEY.

Resolved, That the Senate advise and consent to the said appointments.

Mr. Hardin, from the committee on the Judiciary, to whom was referred
an engrossed bill, entitled, an act to amend an act, entitled, an act further to
protect the rights of married women, reported the same with an amend¬
ment, which was concurred in.

Ordered, That said bill be re-engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis¬
pensed with, and the same being re-engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hardin, from the same committee, reported a bill to amend the laws
concerning the town of Frankfort, which was read the first time, and or¬
dered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hardin, from the same committee, to whom was referred bills
from the House of Representatives of the following titles, to-wit:

An act to amend the charter of the city of Maysville, and for other
purposes.

An act relinquishing the title of the Commonwealth to certain real es¬
tate to trustees, for school purposes.

An act to amend an act, entitled, an act to incorporate the town of
Lagrange, approved January 23, 1840.

An act for the benefit of John H. Boarman.

124

JOURNAL OF THE SENATE.

[Jan. 27.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Patterson, from the same committee, reported a bill for the benefit
of the infant heirs of Augustus F. Jacob, of Caldwell county, which was read
the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Walker, from the committee on Propositions and Grievances, reported
a bill for the benefit of the Clerks of Simpson and Clarke County Courts,
which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. J. Speed Smith, from the committee on Internal Improvement, re¬
ported a bill to incorporate the Lexington and Frankfort Railroad Company,
which was read the first time, and ordered to be read a second time.

The constitutional rule as to second reading of said bill was dispensed with,

Ordered, That the Public Printer print 150 copies of the said bill,
for the use of the General Assembly.

And then the Senate adjourned.

THURSDAY, JANUARY 27, 1848.

A message was received from the House of Representatives, announcing
that they had concurred in the adoption of a resolution from the Senate,
fixing a day for the election of Public Officers, with an amendment.

That they had passed a bill from the Senate, entitled, an act for the
benefit of Samuel Hogan, of Green county.

That they had passed bills of the following titles, to-wit:

125

Jan. 27.] JOURNAL OF THE SENATE.

An act, entitled, an act to amend an act to prevent the wanton destruc¬
tion fish. . .

An act to establish an additional election precinct, in Wayne county.

An act for the benefit of Harvard University.

An act to incorporate the Lexington Cemetery.

An act to change the place of voting in an election precinct in the coun¬
ty of Henderson.

An act to allow an additional Justice of the Peace to the county of Flem¬

ing.

An act to run and establish the line between the counties of Livingslon

and Crittenden, and for other purposes.

An act to change the place of voting in the Christiansburg precinet, in

Shelby county.

An act to establish election precincts in the county of Marion.

An act for the benefit of Shackleford & I ullen.

An act for the benefit of M. R. Stealey, late architect oi the Penitentiary
buildings.

Mr. McMillan presented the petition of the Trustees of Mt. Vernon Dis¬
trict School, in Nicholas county, praying for the passage of a law authoriz¬
ing them to draw their proportion of the Common School Fund, for the
year 1S45.

Which was received and referred to the committee on Education.

The following bills were reported, to-wit:

ByMr.Hardin, from the committee on the Judiciary—A bill to provide
for a change of venue in the prosecution against Francis M. Ewing.

By same—A bill to protect parents and guardians.

By Mr. Patterson, from the same committee—A bill to enlarge the pow¬
ers of the Trustees of the town of Princeton, and for other purposes.

By Mr. Crenshaw, from the same committee—A bill concerning guardians.
By Mr. Walker, from the committee on Propositions and Grievances—A
bill granting certain powers to the Trustees of the town of Russellville.

By Mr. Boyd, from the committee on Religion—A bill to divorce Mary

Howard,, of Harlan county.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore-

saiu. #

A message was received from the House of Representatives, by Mr.

Wintersmith, Mr. Pratt and Mr. Smith:

Mr. Speaker: It has been announced to the House of Representatives,
that the Flag of the 2d Regiment of Kentucky Volunteer Infantry, under

126

JOURNAL OF THE SENATE. [J AN . 27.

which they fought and conquered, at the battle of Buena Vista, will be pre¬
sented to the General Assembly of the Commonwealth of Kentucky, in the
Hall of Representatives, on this day, at 12 o’clock. We have been deputed
a committee to wait upon the Senate and to invite them to participate in the
ceremony of presentation.

On the motion of Mr. J. Speed Smith,

Resolved, unanimously, That the Senate accept the invitation of the House
. Representatives, and will be present and unite with the House in receiv-
ing the Flag of the 2d Regiment of Kentucky Volunteer Infantry, at 12
o’clock, M., this day. 3

Ordered, That Mi. J. Speed Smith inform the House of Representatives
thereof.

Mr. Boyd, from the comfnittee on Religion, to whom was referred bills
from the House of Representatives, of the following titles, to-wit:

An act to incorporate the Christian Church, at Morganfield.

An act to divorce Susan F. Norrell, and for other purposes.

An act for the benefit of Rebecca Shields.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore-
said.

A^ message was received from the Governor, by Mr. Reed, Secretary
of State, announcing that the Governor had approved and signed en-
enrolled bills, which originated in the Senate, of the following titles viz:

An act for the benefit of the heirs of David Mize, deceased.

An act for the benefit of Patrick Hickman.

An act to incorporate the Richmond Cemetery Company.

An act to allow an additional Constable to Larue county.

An act to equalize the compensation for the collection of the revenue tax.

An act authorizing the Secretary of State to furnish the State of Florida
with certain reports of the Appellate Court.

An act for the benefit of the children of Thomas D. Helm, deceased.

An act extending the limits of the town of Pleasureviile, in Henry county.

( An act to incoporate the Book Concern of the Methodist Episcopal Church
South ‘ Approved January 25, 1848.

Mr. J. Speed Smith, from the committee on Internal Improvement, re¬
ported a bill appropriating one thousand dollars to improve the navigation
of the South fork of the Kentucky river, at and near the Narrows, which
was read the first time, as follows, to-wit:

Be it enacted by the General Assembly of the Commonwealth of Ken¬
tucky, That one thousand dollars be, and are hereby appropriated, to improve
the navigation of the South Fork of the Kentucky river, at and near the

Jan. 27.]

JOURNAL OF THE SENATE.

Narrows, in said stream ; said sum to be expended under the direction of the
Board of Internal Improvement, and to be paid out of any money in the
Treasury not otherwise appropriated.

Ordered, That said bill be read a second time.

The constitutional rule as to the second reading being dispensed with,
Mr. Walker moved to amend said bill by striking out the words one thous¬
and, printed in italics, and inserting, in lieu thereof, six hundred.

Mr. Heady moved to lay the said bill and amendment on the table.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Heady and J. Speed
Smith, were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Boyd, Hawkins, McMillan,

Bradley, Heady, McNary,

Bramlette, Holloway, Kice,

English, James, Wall,

Hambleton, Marshall, Young-16.

Hardin,

Those who voted in the negative, were—

Messrs. Crenshaw, Russell,

Draffin, Speed Smith, Todd,

Evans, Swope, Walker,

Grey, Taylor, White,

Patterson, Thornton, Williams-15.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. J. Speed Smith—1. A bill to incorporate the New

Orleans and Ohio Telegraph Company.

On the motion of Mr. Draffin—2. A bill to authorize the construction of
a road from the present Franklin and Crab Orchard Turnpike, from or near
Salvisa, to Oregon, in the county of Mercer.

On the motion of Mr. McMillan—3. A bill for the benefit of the heirs at

law of Elizabeth Taylor, deceased, and others.

The committee on Internal Improvement was directed to prepare and
bring in the 1st and 2d; and the committee on the Judiciary the 3d.

Mr. Taylor, from the joint committee on the Library, made the follow¬
ing report, to-wit:

The joint committee on the Library, to whom was referred a resolution
of Senate, instructing them to enquire into the expediency of purchasing,
for the Public Library, — copies of “Collins’ Historical Sketches of Ken¬
tucky,” have had the" same under consideration, and beg leave to report the
following resolution:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That the Public Librarian be instructed to purchase twenty copies of Col¬
lins’ Historical Sketches of Kentucky, for the use of the Library, and that

128

JOURNAL OF THE SENATE.

[Jan. 28.

the 2d Auditor draw an order on the public Treasury, in favor of said Libra¬
rian, for an amount sufficient to pay for the same.

And then the Senate adjourned.

FRIDAY, JANUARY 28,1848.

A message was received from the House of Representatives, announcing
that they had received official information that the Governor had approved
and signed enrolled bills, which originated in that House, of the following
titles, to-wit:

An act for the benefit of Achille Dubourg.

An act for the benefit of the Sheriff of Floyd county.

An act for the benefit of George Martin, of Greenup county.

An act to enlarge the Constable’s District including the town of Lon¬
don.

An act for the benefit of Thomas H. Hord and wife.

An act to incorporate the town of Clifton, in Woodford county.

An act for the benefit of Nathan B. Chism.

An act to divorce Elvina House, and for other purposes.

, An act for the benefit of Maria M. Gillis, and for other purposes.

An act to change the time of holding the Hancock Circuit Court, and
to limit the terms of the Breckinridge Circuit Court.

Approved January 25, 1848.

That they had passed bills from the Senate, of the following titles, to-wit:

An act for the benefit of the children of William Arnette, and others.

An act for the benefit of Joseph Hinkle, of Muhlenburg county.

An act authorizing certain deed books of the Logan County Court to be
transcribed.

An act to incorporate the Trustees of the Bethlehem Cumberland Presby¬
terian Church, in Caldwell county.

An act for the benefit of George T. Edwards, of Logan county.

An act for the benefit of the widow and heirs of Samuel W. Bryce, de¬
ceased.

An act regulating the taxation of costs in suits brought by administrators
and executors.

129

Jan. 28.] JOURNAL OF THE SENATE.

An act to amend the charter of the town of Paducah, and for other pur¬
poses.

An act for the benefit of Pleasant H. Williams, of Clinton county.

An act to amend the act to incorporate the Paris Cemetery Company.

An act for the benefit of Richard Neil, and Elizabeth E. Neil, his wife.

That they had passed bills of the following titles, to-wit:

1. An act for the benefit of the Clerk of the Campbell Circuit Court.

2. An act for the benefit of the Church of Christ, on Chinoweth’s Run, in
Jefferson county.

3. An act for the benefit of the Sheriffs of Nicholas, Barren, Floyd and
Boone counties.

4. An act for the benefit of James G. Edens.

5. An act for the benefit of John Thornhill, Betsey Thornhill, Priscilla
Thornhill and Mahala Thornhill.

6. An act for the benefit of Mary Jane Eals, an idiot.

7. An act for the benefit of W. B. Price, and others.

8. An act for the benefit of Joseph Deere.

9. An act for the benefit of the widow and heirs of William Peters.

10. An act to amend the charter of the Licking Bridge Company.

11. An act to incorporate the Trustees and Stockholders of the Doane
and Gracy Fund, in the city of Covington.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, they were referred—the 1st, 3d, 4th and 6th to the committee on
Finance; the 2d to the committee on Religion ; the 5th, 7th, 9th, 10th and
11thto the committee on the Judiciary; and the 8th to the committee on
Propositions and Grievances.

1. Mr. Walker presented the petition of Charlotte Joyner, widow and
administratrix of Jeremiah Joyner, deceased, of Logan county, praying for
the passage of a law authorizing the sale of a portion of the land left by the
decedent, to pay the debts of said estate.

2. Mr. Evans presented the petition of the President and Directors of
the Turnpike road leading from Bell’s to Bowlinggreen, praying for the
passage of a law to reduce the number of Directors in said road; and also,
praying.for a charter to connect the road, leading from Bell’s to Elizabeth¬
town, with the Bardstown and Glasgow Turnpike road.

3. Mr. Hobbs presented the petition of Abraham Hite, guardian for Sa¬
rah E. Snead, an infant, praying for the passage of a law authorizing the sale
of certain real estate belonging to said Sarah, in the city of Louisville.

4. Mr. Hobbs also presented the petition of William Hart, of Jefferson
county, praying for the passage of a law authorizing him to peddle goods
without obtaining a license.

JOURNAL OF THE SENATE.

5. Mr. Hobbs also presented the petition of sundry citizens of the city of
Louisville, praying for the passage of a law to establish another medical
school in said city; also, the remonstrance of sundry citizens of said city,
against the establishment of said school.

6. Mr. Wall presented the memorial of Alexander Rutler, and others, on
behalf of the Harrison County Court, praying for the passage of a law per¬
mitting said County Court to build a suitable jail for said county, without
being governed by the laws now in force in erecting public buildings.

Which petitions were severally received and referred—the 1st, 3d and 6th
to the committee on the Judiciary; the 2d to the committee on Internal Im¬
provement ; the 4th to the committee on Finance; and the 5th to the com¬
mittee on Education.

Mr. Hobbs presented to the annual report of the Board of Visitors of the
Kentucky Institution for the Education of the Blind, which is as follows,
to-wit:

[For Report—see Legislative Documents.']

Ordered, That said report be referred to the committee on Education,
and that the Public Printer print 150 copies thereof for the use of the Gen¬
eral Assembly, and also 1000 additional copies thereof for the use of said
school.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled, an act for
the relief of George M. Green, reported the same without amendment.

The question being taken on reading the said bill a third time, it was de¬
cided in the affirmative.

The yeas and nays being required thereon by Messrs. Heady and Patter¬
son, were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley, Hawkins, Taylor,

Bramlette, Helm, Thornton,

Crenshaw, Holloway, Thurman,

Draffin, James, Todd,

English, Marshall, Walker,

Evans, Patterson, White,

Grey, Rice, Young—22.

Hambleton,

Those who voted in the negative, were—

Messrs. Boyd, McMillan, Swope,

Fox, McNary, Wall—8.

Heady, Slaughter,

The constitutional rule as to the third reading being dispensed with,

The question was taken on the passage of the said bill, and it was de-
cided in the affirmative.

Jan. 28.]

JOURNAL OF THE SENATE.

131

The yeas and nays being required thereon by Messrs. Heady and Walker,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley,
Bramlette,
Crenshaw,
English,
Evans,
Grey,

Hambleton,

Hawkins,

Helm,

Holloway,

James,

Marshall,

Patterson,

Rice,

Taylor,

Thornton,

Thurman,

Todd,

Walker,

White,

Young—21.

Those who voted in the negative, were—

Messrs. Boyd, McMillan, Swope,

Fox, McNary, Wall—8.

Heady, Slaughter,

Resolved, That the title of said bill be as aforesaid.

Mr. Walker, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of Benjamin
Berry, Jr., of Union county, reported the same without amendment.
Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

The question was taken on the passage of said bill, and it was decided
in the affirmative.

The yeas and nays being required thereon by Messrs. Wall and Walker,
were as follows, to-wit:

Those who voted in the affirmative, were—

Messrs. Bradley, Hambleton, Speed Smith,

Bramlette,,

Crenshaw,

Draffin,

English,

Evans,

Fox,

Grey,

Ha%vkins,

Holloway,

James,

Marshall,

Patterson,

Rice,

Slaughter,

Taylor,
Thornton,
Thurman,
Todd,
Walker,
White,
Young—24.

Those who voted in the negative, were—

Messrs. Boyd, McMillan, Swope,

Heady, McNary, ‘ Wall—6.

Resolved, That the title of the said bill be as aforesaid.

Mr. Walker, from the same committee, reported a bill for the benefit of
James T. Locknane, which was read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

132

JOURNAL OF THE SENATE.

[Jan. 28.

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Boyd, from the committee on Religion, reported the following bills,
to-wit:

' A bill for the benefit of the Walnut Hill Church, in Fayette county.

A bill to divorce Joseph L. Craft from his wife, Hannah Craft, of Boone
county.

Which bills were each read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Grey, from the committee on Internal Impravement, reported the fol¬
lowing bills, to-wit:

1. A bill to extend the Franklin and Crab Orchard turnpike road to Ore¬
gon, in Mercer county.

2. A bill to increase the powers of the Trustees of the town of Hopkins¬
ville.

Which bills were each read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with, said
bills were ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of the 2d bill being dis¬
pensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. J. Speed Smith, from the same committee, reported the following
bills, to-wit:

1. A bill to appropriate the dividends of the Bardstown and Louisville,
and the Bardstown and Green river turnpike roads, to the completion of the
road between Bardstown and Glasgow.

2. A bill to authorize the construction of Lock and Dam, No. 6, on the
Kentucky river.

Which bills were each read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of said bills being dis¬
pensed with, the 1st was ordered to be engrossed and read a third time,
and the 2d was made the special order of the day for Tuesday next, the 1st
of February.

Ordered, That the Public Printer print 150 copies of the second bill,
for the use of the General Assembly.

133

Jan. 28.]

JOURNAL OF THE SENATE.

Mr Bradley, from the joint committee on Enrollments, reported that the
committee had examined enrolled bills, which originated in the House of
Representatives, of the following titles, to-wit:

An act to amend the road law of the county of Boone.

An act to change the names of certain persons, and for other purposes.

An act for the benefit of Benjamin Franklin Violett, and Win. Bush, Jr.
An act for the benefit of James S. Smallwood.

An act for the benefit of Mary D. Mosby, and Daniel B. Mosby.

An act for the benefit of Thomas St. Clair Lowe and George Wilson
Jones, and Amanda J. Miller.

An act for the benefit of James Hambel, and lor other purposes.

An act to authorize Thomas Bratcher to raise his mill dam on Caney

Creek, in Grayson county. .

An act authorizing the Court of Assessment for the 106th Regiment of

Kentucky Militia, to hold the court on the first Monday in April.

An act to amend the act to establish a Female Academy in the town of
Harrodsburg, approved 9th February, 1829.

An act to incorporate the Muddy River Navigation and Manufacturing

Company.

An act allowing an additional Constable to the county of Johnson.

An act allowing an additional Constable to Bath county.

An act allowing an additional Justice of the Peace to the county of

Floyd.

An act for the benefit of the Dover and Minerva Turnpike, and Mays-
ville and Germantown Turnpike.

An act to amend the charter of the Western Baptist Theological Institute
at Covington, Kentucky.

An act establishing additional precincts in Fioyd and Rockcastle counties.
And had found the same truly enrolled.

Mr. James, from the committee on Finance, to whom was referred bills
from the House of Representatives, of the following titles, to-wit:

An act for the benefit of John H. Breeding and wife, and for other pur¬
poses.

An act to increase the revenue.

Reported the same without amendment.

Ordered, That said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

134

JOURNAL OF THE SENATE. [Jan. 28.

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Evans, from the committee on Education, reported a bill to incor¬
porate the Board of Publication of the Cumberland Presbyterian Church,
which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

On. the motion of Mr. Evans, the votes by which a bill from the House
of Representatives, entitled, an act to increase the revenue, was passed and
ordered to a third reading, were reconsidered, and said bill was re-commit¬
ted to the committee on Finance.

Leave was given to bring in the following bills, to-wit:

On the motion of Mr. McNary—1. A bill to amend the law concerning
the town of Greenville.

On the motion of Mr. Bramlette—2. A bill to amend an act, entitled, an
act concerning the town of Albany, in Clinton county, approved 14th Feb¬
ruary, 1846.

On the motion ot Mr. English—3. A bill to change the names, and to le¬
gitimate children born out of wedlock.

On the motion of Mr. Hobbs—4. A bill to incorporate the Grand Division
of Sons of Temperance of the State of Kentucky.

On the motion of same 5. A bill to provide for the running and marking
a part of the line between Jefferson and Shelby [counties.

On the motion of same—6. A bill to incorporate the Missionary Society
of the Methodist Episcopal Church South.

On the motion of Mr. Helm—7. A bill to incorporate a company to con¬
struct a turnpike road from Elizabethtown, to intersect the Bardstown and
Green river turnpike road, at or near George Brownfield’s.

On the motion of same—8. A bill to incorporate the Elizabethtown Fe¬
male Academy.

On the motion of Mr. Thornton—9. A bill to extend the limits of the
town of Mortonsville, Woodford county, and to re-establish a Board of Trus¬
tees in said town.

On the motion of Mr. J. Speed Smith—10. A bill to incorporate the Lan¬
caster Cemetery Company.

On the motion of Mr. Todd 11. A bill to incorporate a company to con¬
struct a turnpike road from Frankfort to Lexington, on the Cole’s road.

On the motion of Mr. Thornton—12. A bill to amend an act, entitled, an
act to increase the powers of the Trustees of the town of Versailles, and to
establish a Police Court in said town.

JOURNAL OF THE SENATE.

135

Jan. 28.]

Messrs. McNary, Walker and Patterson were appointed a committee to
prepare and bring in the 1st; Messrs. Bramlette, Crenshaw and Heady the
‘2d; Messrs. Hobbs, Russell and J. Speed Smith the 5th; Messrs. Hobbs,
Hardin and Crenshaw the 6th; Messrs. Helm, Marshall and Bramlette the
7th; Messrs. Helm, Slaughter and Thurman the 8th; the committee on
the Judiciary was directed to prepare and bring in the 3d, 4th, 9th and 12th ;
and the committee on Internal Improvement the 10th and 11th.

On the motion of Mr. Taylor,

Resolved, That the committee on the Library be instructed to enquire
into the propriety of purchasing copies of Durivage’s Cyclopedia of
History, for the use of the Library.

Mr. Bramlette, from a select committee, reported a bill to amend an act,
entitled, an act concerning the town of Albany, in Clinton county, approv¬
ed 14th February, 1846, which was read the first time, and ordered to be
read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

A resolution fixing a day for the election of Public Officers, was taken up,
and the amendment proposed thereto, by the House of Representatives, was
concurred in.

The resolution from the joint committee on the Library, in relation to the
purchase of Collins’ Historical Sketches of Kentucky, was taken up.

The said resolution was amended and adopted.

Engrossed bills of the following titles, were severally read the third time,
to-wit:

An act to continue in force the 4th and 8th sections of an act, entitled, an
act to amend the charter of the Louisville and Elizabethtown Turnpike Com¬
pany, and Covington and Lexington Turnpike Company.

An act to amend the several act incorporating the town of Paducah.

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Bills from the House of Representatives, of the following titles, were
severally read the first time, to-wit:

1. An act to incorporate the Fiemingsburg and Poplar Plains Turnpike
Road Company.

2. An act to amend the charters of the Louisville Turnpike Company, and
the Shelbyville Turnpike Road Company.

3. An act for the benefit of William P. Ligon.

4. An act to change a part of the State road in Marshall county between
Gray’s ferry and Paducah.

136 JOURNAL OF THE SENATE. [Jan. 28.

5. An act to amend an act, entitled, an act to incorporate the Boone Turn¬
pike Road Company, and for other purposes.

6. An act to incorporate the Paris, Winchester and Kentucky River Turn¬
pike Road Company, and the North Middletown Turnpike Road Company.

7. An act to incorporate the Cove Spring Academy, in the county of
Boyle.

8. An act to incorporate the Lexington Female Institute.

9. An act to change the time of holding the Clay Circuit Court, and for
other purposes.

10. An act, entitled, an act to amend an act to prevent the wanton destruc¬
tion fish.

11. An act to establish an additional election precinct, in Wayne county.

12. An act for the benefit of Harvard University.

13. An act to incorporate the Lexington Cemetery.

14. An act to change the place of voting in an election precinct in the
county of Henderson.

15. An act to allow an additional Justice of the Peace to the county of
Fleming.

16. An act to run and establish the line between the counties of Livings¬
ton and Crittenden, and for other purposes.

17. An act to change the place of voting in the Christiansburg precinct,
in Shelby county.

IS. An act to establish election precincts in the county of Mason.

19. An act for the benefit of Shackleford & Pullen.

20. An act for the benefit of M. R. Stealey, late architect of the Peniten¬
tiary buildings.

Ordered, That said bills be read a second time.

The constitutional rule as to second reading of said bills being dispensed
with, they were referred—the 1st, 2d, 4th, 5th, 6th, 10th and 13th to the
committee on Internal Improvement; the,3d and 19th to the committee on
Finance; the 7th, 8th and 12th to the committee on Education; the 9th to
the committee on the Judiciary ; the 11th, 14th, 17th and 18th to the com¬
mittee on Privileges and Elections; the 15thand 16th to the committee on
Propositions and Grievances; and the 20th to the committee on the Sinking
Fund.

On the motion of Mr. Holloway, the vote by which a bill appropriating
one thousand dollars to improve the navigation of the South fork of the Ken¬
tucky river, at or near the Narrows, was laid on the table, was reconsidered.

And then the Senate adjourned.

SATURDAY, JANUARY 29, 1848.

A message was received from the House of Representatives, announcing
that they had passed bills from the Senate, of the following titles, to-wit:

An act providing for a change of venue in the prosecution against Benja¬
min All.

An act for the benefit of William T. Long, of Clinton county.

An act to incorporate the Cave Hill Cemetery, of Louisville.

That they had adopted a resolution in relation to the annual message of
the Governor.

That they had passed bills of the following titles, to-wit:

1. An act to amend an act to regulate the administration and settlement
of estates.

2. An act to regulate the duties of Jailers, and for other purposes.

3. An act to incorporate the Master and Wardens of Wingate Lodge,
No. 161, at Simpsonville, in Shelby county.

4. An act to incorporate the “The German Roman Catholic Benefit So¬
ciety, of Covington.”

5. An act to amend the laws in regard to the town of Midway.

Which bills were severally read the first time, and ordered to be read a

second time.

The constitutional rule as to the second reading of said bills being dispens¬
ed with, they were referred to the committee on the Judiciary.

Mr. McMillan presented to the Senate the annual report of the Directors
of the Lunatic Asylum, which is as follows, to-wit:

[For Report—see Legislative Documents.']

Ordered, That the Public Printer print 500 copies thereof for the use of
the General Assembly, and also 500 copies for the use of said Institution.

1. Mr. Hambleton presented the petition of Thomas Scott, guardian of
William Scott, an infant, praying for the passage of a law authorizing the
sale of a tract of land belonging to said infant.

2. Mr. Hobbs presented the petition of sundry citizens of Jefferson coun-
ty> praying for the passage of a law to amend the road law of said county.

Which petitions were each received and referred—the 1st to the commit¬
tee on the Judiciary ; and the 2d to the committee on Internal Improvement.

The following bills were reported from the committee on the Judiciary,
to-wit:

By Mr. Crenshaw—A bill for the benefit of Polly Garrett.

138

•-V:-rr»r~-?•' '• '-■* t ~:> ' . *=~* T -

JOURNAL OF THE SENATE. [Jan. 29.

By same— A bill to extend the jurisdiction of the Police Judge of the
town of Hopkinsville.

By Mr. Patterson—A bill for the benefit of the heirs of Sarah Roberts and
Pricey Brown, deceased, of Caldwell county.

By same—A bill to extend the limits of the town of Mortonsville, in
Woodford county, and to re-establish a Board of Trustees in said town.

Which bills were each read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of said bills be¬
ing dispensed, and the same being engrossed,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Walker, from the committee on Propositions and Grievances, to whom
was referred bills from the House of Representatives, of the following ti¬
tles, to-wit:

An act to run and establish the line between the counties of Living¬
ston and Crittenden, and for other purposes.

An act for the benefit of Joseph Deere.

Reported the same without amendment.

The said bills were each amended, and ordered to be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills, as amended, do pass, and that the titles thereof
be as aforesaid.

A message in writing, was received from the Governor, by Mr. Mitch¬
ell, Assistant Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
up, and read as follows, to-wit:

Gentlemen of the Senate :

I nominate for your advice and consent, James R. Burns to be Commis¬
sioner of Deeds, &c., for Kentucky, in the State of Louisiana.

Henry M. Alexander to be Commissioner of Deeds, &c., for Kentucky,
in the State of New York. WM. OWSLEY.

Resolved, That the Senate advise and consent to the said appointments.

Mr. Boyd, from the committee on Religion, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of the
Church of Christ on Chenowith’s Run, in Jefferson county, reported the
same without amendment.

Ordered, That said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. J. Speed Smith, from the committee on Internal Improvement, re¬
ported a bill to incorporate a company to construct a turnpike road from

JOURNAL OF THE SENATE.

139

Jan. 29.]

Frankfort to Lexington, on the Cole’s road, which was read the first time,
and ordered to be read a second time.

The constitutional rule as to the second and third readings of said bill be¬
ing dispensed with, and the same being engrossed,

Resolved, That said bill do pass, and that the title thereof be as afore¬
said.

Mr. Bradley, from the joint committee on Enrollments, reported that the
committee had examined enrolled bills, which originated in the House of
Representatives, of the following titles, to-wit:

An act for the benefit of Rebecca Shields.

An act to amend the charter of the city of Maysville, and for other
purposes.

An act to incorporate the Christian Church, at Morganfield.

An act declaring Middle creek, in Floyd county, navigable from its
mouth to its first forks, at Spradling’s store.

An act relinquishing the title of the Commonwealth to certain real es¬
tate to trustees, for school purposes.

An act more effectually to suppress gambling.

An act for the benefit of John H. Boarman.

And enrolled bills and enrolled resolutions, which originated in the Sen¬
ate, of the following titles, to-wit: